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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On January 13, 2016, the Defendant was sentenced to a suspended sentence of one year and six months for rape, which was sentenced to imprisonment by Seoul Western District Court on January 13, 2016, and the said judgment became final and conclusive on April 8, 2016, and is currently under suspended sentence.
On November 18, 2016, at around 08:55, the Defendant used a large number of passengers in the subway station 2, subway lines located in Salydong, Dongjak-gu Seoul Metropolitan Government, for the use of a large number of passengers, and subsequently, after the victim C (V, 21 years of age), the Defendant placed her her tamp, and repeated the behavior of 10 minutes.
The Defendant committed an indecent act against the victim in means of public transportation.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the police statement protocol law to C
1. Relevant legal provisions concerning criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc., and Selection of a fine (limited to a crime committed during the period of probation, but the fact that the victim has agreed to pay five million won to the victim, and that the confession of and reflects the crime, etc.
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. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.
Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims of sexual crimes, etc.