Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On September 10, 2013, the Defendant: around 22:15, the Defendant: (a) accessed the victim, who is a juvenile waiting for the signal for returning home at the front of the crosswalk of the neighboring community service center of Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, 4, 192-19; (b) by approaching the victim D (V, 16 years of age) behind him/her, and by inserting his/her fingers into the victim’s school uniforms, and by committing indecent acts by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to protocol-Stenographic records (D);

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;

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

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. Determination on the assertion by the Defendant and his/her defense counsel under the main sentence of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The alleged Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.

2. According to each evidence written in the summary of the judgment and the witness F’s statement, although the Defendant had drinking prior to the instant crime, the Defendant appears to have failed to have the ability to discern things or make decisions under the influence of alcohol, but the Defendant was in a state of mental and physical disability even if he had the ability to discern things or make decisions.

Article 19 of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that “When a sexual crime against a child or juvenile is committed in a state of mental disorder caused by drinking or drug, Article 10(1) and (2) and Article 11 of the Criminal Act may not apply.” As such, Article 10(2) and (1) of the Criminal Act does not apply to this case, the Defendant and the defense counsel’s assertion is rejected.

Reasons for sentencing

1. Fines of 5 million won to 15 million won in the scope of punishment by law; and

2. The Defendant committed the instant crime with a fine of five million won imposed on the sentence.