Text
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On September 22, 2018, at around 21:25, the Defendant, at the “C club” located in the Dong-gu Busan Metropolitan City on September 22, 2018, laid the hand on the part of the victim D (n, 41 years of age) who was waiting to sing, committed an indecent act by force on the part of the victim.
Summary of Evidence
1. The defendant's legal statement (on the sixth date);
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to investigation reports (pacters and telephone conversations);
1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;
2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.
3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed.
4. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities
5. Where a conviction of a sex offense subject to registration becomes final and conclusive on the judgment, which is a sex offense subject to registration, under Article 334(1) of the Criminal Procedure Act, the defendant constitutes 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
In full view of the Defendant’s age, occupation, family environment, social relationship, motive for committing the instant crime, method and consequence of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the effectiveness of preventing sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, the Defendant shall not disclose and notify personal information pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.