Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On August 6, 2018, at around 23:50, the Defendant: (a) committed an indecent act by force against the victim D (V) who was taking a ice cream in front of C in Guro-gu Seoul Metropolitan Government; (b) 20 years old; and (c) committed an indecent act against the victim by force.
Summary of Evidence
1. Statement of D police statement;
1. Application of Acts and subordinate statutes to report on investigation (Attachment of video at a criminal scene);
1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the effectiveness of order to complete program is deemed nonexistent considering the Defendant's health and mental condition, and such order to complete program
1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 15452), Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);
1. Where a conviction becomes final and conclusive against a defendant who shall file for the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to
In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, disclosure order or notification order of the instant crime, anticipated side effects and expected side effects of the Defendant’s entry, prevention of sex crimes subject to registration that may be achieved therefrom, protection effect of the victims, etc., it is determined that there are special circumstances that may not disclose and notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso to Article 49(1) and proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.