Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant, around 18:40 on August 24, 2016, was talked with D and talked with D, which had been known to ordinary people in front of Ulsan-gu C, Ulsan-gu, U.S., and the victim E (Grade 27, intellectual disability 2) who was next to the Defendant, was married with the victim’s chest by extending his/her own hand to one time.

In the end, the defendant committed an indecent act against the victim who is a disabled person.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Records of statements, and expert opinions;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of a record of recording statements by the victim), investigation report (Attachment of a professional opinion);

1. Relevant Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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

1. In light of the following circumstances acknowledged in the records under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, 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, i.e., the confession of a crime by the defendant, the degree of indecent act is relatively heavy, the victim does not want punishment by mutual consent with the victim, and the fact that the victim does not have any history of criminal punishment for sex crimes: (4) the completion of sexual assault treatment program alone appears to have the effect of preventing the recidivism of the defendant to a certain extent; and (5) the defendant’s age, occupation, family environment, social relationship, criminal record and risk of recidivism; and the benefits and preventive effect expected by the disclosure order or notification order of this case.