Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On October 08, 2017, at around 03:20, the Defendant committed an indecent act by force against the victim, such as: (a) the appearance of the victim D (20 years of age) appearing in front of the toilets at the Seojin-gu C stop in Jeonjin-gu, Seoul; and (b) the Defendant, following his mind to force the victim to commit an indecent act on his hand; and (c) the Defendant committed an indecent act by force against the victim, i.e., using his hand only one time, his head.

Summary of Evidence

Application of the law of police statements protocol to Defendant E, D

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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

1. As to the assertion of mental and physical weakness under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50(1)2 of the main text of Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant was under the influence of alcohol at the time of committing the crime.

The argument is asserted.

However, it does not seem that the Defendant, under the influence of alcohol, did not change things or lacks the ability to make decisions, at the time of committing the crime, and even if so, it is so.

Even if a sexual crime is committed under a state of mental or physical weakness due to drinking, the provisions on mitigation of mental or physical weakness may not be applied (Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes). Therefore, the defendant's above assertion is rejected.