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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On May 2, 2018, at around 20:15, the Defendant: (a) committed an indecent act against the victim, who is walking a road on the front side of Seocho-gu Seoul Metropolitan Government, by using the hand room with the left side of the victim C (M, 30 years of age). Under the below, the Defendant committed an indecent act against the victim.
Summary of Evidence
1. Application of the respective legal statements of witnesses C and D to the Acts and subordinate statutes;
1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;
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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Reasons for sentencing under the main sentence of Article 186 (1) of the Criminal Procedure Act to bear litigation costs;
1. Scope of applicable sentences under law: Fines of 50,000 to 15 million won;
2. Determination of sentence: (a) comprehensively taking account of the following circumstances and the Defendants’ age, character, conduct, process of growth, environment, motive, means and consequence of the commission of the crime; and (b) the various factors of sentencing as shown in the records and arguments, such as the circumstances after the commission of the crime, the sentence as ordered.
D. Unfavorable circumstances: Defendant committed an indecent act against an unspecified victim at night in light of the content of the crime.
The crime of this case seems to have caused the victim to feel a considerable sense of sexual humiliation and displeasure.
The defendant denies and does not reflect the crime.
As a result, the victim suffered secondary damage by attending this court and expressing the fact of damage in order to restore memory at the time.
Defendant is liable for damages or did not agree with the victim.
The degree of indecent act in this case is relatively minor.
There is no history of criminal punishment against the defendant.
When a conviction on a sex crime subject to registration becomes final and conclusive, the defendant shall obtain personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.