Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

On May 12, 2016, the Defendant was sentenced to a suspended sentence of two years on October, 2016 by the Incheon District Court due to a crime of fraud, a crime of obstructing business affairs, a crime of refusing to leave, and a crime of assault, and the judgment became final and conclusive on November 18, 2016.

1. On August 1, 2016, the Defendant committed an indecent act by force, following the victim D (n, 20 years of age, 20 years of age, and Ga name) who walk along a path with male-parent-gu in front of Yansan-gu Seoul Special Metropolitan City on the street in front of Yansan-si, Seoul, and subsequently committed an indecent act against the victim.

2. The Defendant openly exposed sexual organ to the victim at a time, at the same time and place as paragraph 1, and at the same time and place as that of paragraph 1, the victim and his or her male family members expressed a desire to commit the said indecent act, under the influence of the rubber line, he or she was suffering from the victim’s sexual organ, and reported by D, male-gu E, witness F, etc., on one occasion.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to D (tentative name), F, and E;

1. A report on internal investigation (on-site inspection, etc.);

1. Each photograph;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of each written judgment;

1. Relevant Article 298 of the Criminal Act concerning the crime, the choice of punishment, and Article 295 of the Criminal Act (the point of forced indecent act, the choice of fines), and Article 245 of the Criminal Act (the point of public performance obscenity and the selection of fines);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. The circumstances favorable to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the provisional payment order have no record of having received criminal punishment for the same kind of crime, and this case is a case for which the defendant applied for formal trial before the enforcement of the amended Criminal Procedure Act, and where the defendant cannot be sentenced more severe punishment than a summary order pursuant to Article 457-2 of the former Criminal Procedure Act.

The defendant has recovered from damage due to unfavorable circumstances.