Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

피고인은 2013. 9. 13. 22:00경 대구시 동구 C에 있는 ‘D주점’ 안에서, 피해자 E(여, 36세)와 술을 마시던 중 피해자를 강제추행할 마음을 먹고 피해자의 손과 어깨를 만지자 이에 피해자가 “미쳤냐”라고 말하며 거부의사를 밝혔음에도 계속하여 피해자에게 키스를 하려고 하고, 같은 날 23:11경 위 식당 앞길에서 피해자와 팔짱을 끼고 포옹을 하여 피해자를 강제로 추행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to a report on investigation (preparation of a police officer accompanying a report);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction of a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit the personal information of the Defendant to the head of the competent police office pursuant to Article 43

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, seriousness of the crime, disclosure order or notification order, the Defendant’s disadvantage and anticipated side effects resulting therefrom, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., the disclosure order or notification order is deemed to be a special circumstance that may not disclose personal information pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.