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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On April 17, 2019, at around 21:40, the Defendant told the victim D (one-six years of age) to “nick, bad, bad, and bad.” In his hand, the Defendant’s arms were cut down by her hand.
As a result, the defendant committed an indecent act against the victim who is a child or juvenile.
Summary of Evidence
1. Defendant's legal statement;
1. Stenographic records or field map;
1. Application of Acts and subordinate statutes to report internal investigation (including the No. 3 of the evidence list, accompanying materials), investigation report (including the No. 7 of the evidence list, and accompanying materials);
1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. 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 (in light of the Defendant’s age, occupation, risk of recidivism, type of and motive for the instant crime, process of the instant crime, disclosure and notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the prevention of sex offenses that may be achieved therefrom, and the effect of protecting the victims, etc., it is deemed that there are special circumstances in which personal information shall not be disclosed or notified);
1. 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 the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); Article 59-3 (1) of the Welfare of Disabled Persons Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is likely to be committed by the defendant under the influence of alcohol as the selling of the victim who is a juvenile, and the degree of indecent act by compulsion is weak.
The victim was in a state where it is not necessary to receive hospital treatment, and is now normal.