Text
Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant and the victim C (the name, the leisure, the age of 59) are as follows: Between the dynamics that conduct cleaning at the D Terminal in the Asan City of Busan, and the victim is a person with a disability of class 1 in the intellectual disability.
On January 30, 2017, the Defendant, at around 08:28, 08:28, boarded the elevator of the above D Terminal with the victim and made conversations with the victim, had the victim in mind to force the victim to commit an indecent act on the part of the victim.
The Defendant made a plebling with the victim’s face to the effect that “I see it unless we see it,” and the Defendant’s face was sealed towards the victim to commit an indecent act with the victim’s face, and the victim’s face was attempted to force the victim to commit an indecent act in such a way that I am sphere, I am sphere, I am sphere, I am sphere, and I am sphere and sphere the victim, but the victim was forced to commit an attempted indecent act by force
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Stenographic records;
1. A copy of an expert opinion (or statement of victim) and a welfare card;
1. Investigation report (Investigation of CCTV at the scene of damage, etc.);
1. Six copies of an elevator CCTV image photograph;
1. Application of Acts and subordinate statutes to CDs for elevator CCTV images;
1. Relevant legal provisions concerning criminal facts, and Articles 15 and 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Sexual Crimes, and Article 298 of the Criminal Act;
1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the disclosure of registered information and the disclosure of information);