A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

On September 5, 2016, the Defendant: (a) around 23:15, on September 23:15, 2016, at the alleyway in Gangnam-gu Seoul, the victim D (V, 21 years of age) who talked on the roadside and talked with telephone conversationss at the roadside in Gangnam-gu Seoul.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes concerning CCTV images CDs and caps;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act regarding the crime, the choice of a fine (such as the nature and degree of the criminal conduct, behavior of the prosecution, agreement with the victim, confession and reflection, and absence of any record of criminal punishment, 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. The defendant's defense counsel's assertion on the defendant's defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order asserts to the effect that the defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.

However, Article 10 of the Criminal Act on the Punishment, etc. of Sexual Crimes may not apply to a sexual crime in the state of mental disorder caused by drinking (Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes). Accordingly, this part of the assertion by the counsel

If a conviction on a crime in the judgment that is a sex offense subject to the registration of personal information becomes final and conclusive, the defendant is 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

The age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration which may be achieved due to such order, and the victim.