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

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

Punishment of the crime

At around 02:00 on December 14, 2019, the Defendant: (a) in the “C” gate located in North-gu, North-gu, North-si, Mapo-si; (b) the victim D (the 19-year age), using the condition in which the victim was in the show of the living room show, talked with the chest in his/her hand; (c) continued to place his/her hand in his/her feet with his/her upper and brogate; and (d) continued to place his/her breast in his/her feet with his/her feet.

Accordingly, the Defendant committed an indecent act by taking advantage of the victim’s mental and physical loss or the impossibility of resistance.

Summary of Evidence

1. Statement made by the police against D in court by the defendant;

1. Application of the written complaint, report on investigation (specific circumstances about the place of crime), and photographic Acts and subordinate statutes;

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

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 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment; Article 49(1) proviso and Article 50(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1662, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59-3(1) proviso to the Welfare of Persons with Disabilities Act (see, e.g., registration of personal information and completion of a contract to the Defendant) may have an effect to prevent re-offending to a certain extent.

In addition, personal information is personal information in light of the defendant's age, occupation, risk of recidivism, details and motive of the crime, the method and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which can be achieved due to such order, and the protection effect of the victim.