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Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Criminal facts
The defendant is a person who resides in B apartment C at Jeju, and is a neighbor who resides in the next house of the victim D (the family name, the female, the age of 17) who is a juvenile.
On June 2, 2018, at around 16:30, the Defendant: (a) on the apartment corridor of the above apartment complex, “I will be a dead-man; (b) I think I will not engage in sexual indecent act or sexual assault; (c) I will think I will not believe I will be able to do so; (d) I will be able to us. I will be able to us. I will be able to see it from the beginning of the sixth year; and (d) I will be able to see the two descendants of I will be able to us, and I would be able to write the head of the victim by her hand, and the victim's face was able to be taken by hand.
Accordingly, the defendant committed an indecent act against the juvenile victim by force.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D;
1. A complaint;
1. Application of E-cape Acts and subordinate statutes;
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15452, Mar. 13, 2018); Article 3 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); the main sentence of Article 56 (1) of the same Act;
1. It is difficult to readily conclude that a defendant exempted from an order to disclose or notify information has a risk of recommitting sexual crimes against many and unspecified persons because he/she had no previous record of sexual crimes, and thus, an order to complete a sexual assault treatment program and personal information against the defendant.