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

On November 26, 2012, around 19:20 on November 26, 2012, the Defendant reported that the victim D (here, 16 years of age) who is a child or juvenile is seated at the upper end of the road in Busan, the Defendant asked the victim as "her male", and then asked the victim as "her female", "I see whether there is no room to do so", "I see if there is no room to do so", and "I see the breast in the upper end of the road in Busan, the breast in the outer side of the victim and commits an indecent act."

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) and Article 298 of the Criminal Act concerning criminal facts;

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

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

1. Where a sentence of conviction is imposed on a person who committed a sex offense against a child or juvenile, as in the instant case imposing a failure to complete a program, the order to complete a sexual assault treatment program is concurrently imposed pursuant to Article 21(2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse. However, the instant case does not concurrently impose a order to complete a program in accordance with the principle of prohibition of disadvantageous alteration on the case that was implemented through a trial upon a request for formal trial by the Defendant after the issuance of the summary order (see Supreme Court Decision 2012Do8736, Sept. 27, 2012).

1. In light of the reason for sentencing (i.e., a decision of sentencing) of Article 38(1) proviso and the proviso to Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., a fine), which is exempted from disclosure order and notification order, committed an offense against a juvenile who is 5 million won or more, and the fact that the victim did not reach an agreement with the victim, a corresponding punishment is required.

However, there is no history of criminal punishment for sex crimes, and victims.