Text
A fine of three million won shall be imposed on a defendant.
Where the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
1. On July 30, 2013, the Defendant: (a) reported that the victim D (here, 32 years of age) walked on the front side of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; and (b) followed up the victim’s her therb by hand.
Accordingly, the Defendant committed an indecent act on the part of the victim.
2. The Defendant: (a) committed an indecent act by force against the victim, such as the date, time, place, and paragraph (1) above; and (b) stated that “I would see whether I would see or not I would like to die,” and that I would like to sell the victim’s right by drinking.
Accordingly, the defendant assaulted the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes concerning D police statements;
1. Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act and the selection of each fine concerning the crime;
1. Aggravation of concurrent crimes among concurrent crimes as prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the penalty is added up to the total amount of concurrent crimes) ;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Where the conviction of the accused against the crime of indecent act by compulsion on the judgment that constitutes a sexual crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, is finalized, 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
The age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved due to such order, and the protection of the victim.