Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

On June 5, 2017, at around 20:0, the Defendant committed an indecent act by force against the victim C (V, 60 years of age) who was in the B basement in Gwangjin-gu Seoul Special Metropolitan City on June 5, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment (in consideration of the fact that there exists no past record exceeding the same kind of punishment or fine);

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 Sex Offenses against Children and Juveniles (the defendant is likely to repeat a sexual crime in general against him/her)

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.

As such, a disclosure order or notification order shall not be issued to the defendant.