Defendant shall be punished by a fine of KRW 6,000,000.

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

Punishment of the crime

On May 19, 2018, the Defendant, at around 23:20, committed an indecent act by force against the victim D (V, 18 years of age) who was walking on the road in front of Pyeongtaek-si B, under the influence of alcohol on the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each statement;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act does not mean that sexual humiliation or mental shock that the victim sawd by reason of the sentencing of Article 334(1) of the Criminal Procedure Act, but rather, the punishment as ordered is light due to the victim’s failure to receive a letter from the victim. However, the punishment shall be determined by comprehensively considering the Defendant’s age, sex, environment, circumstances leading to the crime, etc., by taking into account the following factors:

Where a conviction of a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to 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 (1) of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, comprehensively taking into account the Defendant’s age, occupation, family environment, social relationship, criminal record, risk of recidivism, benefits expected by an order of disclosure or notification, and adverse effects therefrom, etc.