Text
Defendant shall be punished by a fine of two million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
피고인은 2013. 10. 25. 04:00경 서울 종로구 C에 있는 ‘D호텔’ 305호실에서, 술에 취해 자고 있는 피해자 E(남, 21세)의 바지와 팬티를 벗기고 입으로 피해자의 성기와 가슴, 발가락 등을 핥고 빠는 방법으로 피해자의 항거불능 상태를 이용하여 피해자를 추행하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Investigation report (related to telephone conversations of the telecom employee), investigation report (related to the submission of data about the Kakao Stockholm), investigation report (related to the audio file stenography report 112), investigation report (related to the audio file stenography report), investigation report (related to the CCTV investigation); and
1. Application of the Acts and subordinate statutes to the complaint;
1. Articles 299 and 298 of the Criminal Act applicable to the crimes;
1. Selection of a selective fine for punishment (see, e.g., the fact that the victim under an agreement with the victim is making the wife);
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal
In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an order to disclose or notify personal information, the prevention and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the personal information shall not be disclosed or notified in accordance with Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.