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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On December 12, 2015, at around 07:04, the Defendant: (a) committed an indecent act by force against the victim E (here, 20 years of age) who was under the influence of alcohol in front of the DNA in Gwangju-gu, Gwangju-gu, by using both arms.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police suspect interrogation protocol against the accused;
1. Statement in the police statement protocol against E;
1. Application of Acts and subordinate statutes stating the investigation report;
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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. If a judgment of conviction on a sex crime subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes 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 is obliged to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.
In full view of the age, occupation, family environment, social relationship, criminal record and the risk of recidivism, benefits and preventive effects expected by an order of disclosure or notification, and disadvantages and side effects of the defendant exempted from an order of disclosure or notification, there are special circumstances under which personal information shall not be disclosed or notified.
Therefore, based on Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, a disclosure order and notification order shall not be issued to the accused.
The reason for sentencing is that the defendant was a primary offender and has committed the remaining contingent crimes, and the victim has not been punished for the defendant by agreement with the victim.
In addition, records, such as the age, occupation, family relationship, and circumstances before and after crimes, are revealed.