Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

On December 13, 2014, at around 11:35, the Defendant committed an indecent act by taking advantage of the victim’s resistance impossible condition, such as her panty in the “C” water room located on the second underground of Gangdong-gu Seoul Metropolitan Government B, Gangdong-gu, and her panty of the victim D (V, 19 years of age) who was under the influence of alcohol, by inserting a hand into the panty of the victim D (V, 19 years of age).

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

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. Where a conviction on the instant criminal facts is finalized against a defendant who is obligated to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 thus, the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of the Sex Offenses of Children and Juveniles (in light of the characteristics, etc. of the instant crime, there is a risk that a defendant is subject to general recidivism of sexual crimes.

In full view of the fact that it is difficult to readily conclude, the registration of personal information, and the completion of a sexual assault treatment program are deemed to have the effect of preventing recidivism to a certain extent, and other circumstances, such as the Defendant’s age, family relationship, background and process of the instant crime, benefits and preventive effects expected by the instant disclosure order and notification order, and disadvantages and side effects resulting therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

Since it is recognized, it is ordered to disclose to the accused.