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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On April 3, 2016, the Defendant: (a) 01:00, at the Busan Mungcheon-gu B train located in Busan, which was in operation between Young-dong and Dong-won, and (b) 8th 41st knives of the victim C (V) who was sitting in the 41st knives of the 8th knives of the city, and covered the victim’s external dumping on the right side of the victim, and opened the victim’s right side on the right side of the knives; (b) dnives of the victim by left hand, and (c) dnives of the knives of the victim to walk the knives.
Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. CCTV images and photographs;
1. A copy of boarding passes;
1. A complaint;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Sexual Crimes is that where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to the registration of personal information, such as the fact that the injured person appears to have suffered from mental suffering due to the instant crime, the fact that there was a same record, the fact that the injured person committed a crime, the fact that the injured person was committed against himself/herself and the degree of his/her conduct, etc., constitutes 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.
In light of the Defendant’s age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., the punishment of sexual crimes shall be punished.