1. The defendant shall be punished by a fine of KRW 10 million;

2. If the defendant does not pay the above fine, 10,000 won.

Punishment of the crime

The Defendant is a “C” factory employee in Busan B, and the victim D (V, 50 years old) is an employee working in the same factory.

1. Around 15:00 on July 18, 2018, the Defendant: (a) reported the victim’s being laundry work in a fishing vessel; and (b) followed the victim, and (c) the victim’s her son was only her son, but the victim’s her son became her son as described below.

2. On July 22, 2018, the Defendant: (a) at the same place on the same day; (b) at the same time, the victim took out working clothes at the drying machine; and (c) at the same time, the victim’s left chest was sent back to the victim’s own hand before the victim, as if the victim had flicked.

As a result, the Defendant committed an indecent act twice by force on the victim who is the disabled in the third degree of intellectual disability.

Summary of Evidence

1. The defendant's partial statement in the first trial record (the purport that the victim was aware that there was a intellectual disability at the time of this case);

1. Statement made by witnesses D in the second protocol of the trial;

1. The statement made in D in the video CD;

1. A copy of a welfare card (victimD);

1. Application of Acts and subordinate statutes on scene of crime;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and the choice of fines, respectively, concerning the relevant criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [Aggravation of concurrent crimes as provided for in paragraph (2) of the same Article with the concurrent crimes with the concurrent crimes]

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the age and social relationship of the accused under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the criminal records, the details and motive of the crime, and the method and consequence of the crime;