Text
Defendant shall be punished by a fine of 2.5 million won.
When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.
Reasons
Punishment of the crime
On April 25, 2015, the Defendant, at around 06:20 on April 25, 2015, made soup soup Doesc in Incheon Jung-gu, Incheon, by inserting the hands on the upper part of the victim E (the age of 27) who was divingd, and committing an indecent act on the victim at a place where the victim’s left upper part of the chest and the public is concentrated.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes of police statement protocol to E;
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;
1. Article 70(1) and Article 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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.
In light of the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose personal information registered pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be issued to the defendant.
Reasons for sentencing
1. The sentencing criteria are not set for the crimes indicated in the judgment;
2. Although it is not easy for the Defendant to commit an indecent act against the victim who was locked in soup, it is not easy to impose a fine as ordered by the Defendant, taking into account the following: (a) the Defendant recognized the commission of a crime; (b) the Defendant was 19 years of age; and (c) the Defendant did not have any criminal history.