Text
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On August 4, 2019, at around 16:0, the Defendant committed an indecent act by force against the victim D (Nam, 28 years of age) who had performed pipeline construction work together with the Defendant on the first floor of C Elementary School located in Mapo-gu Seoul Metropolitan Government on August 4, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to photographs of respective legal statements of witnesses D, E, and F;
1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;
1. Articles 70 (1) 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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. In full view of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, environment, criminal record, risk of recidivism, risk of recidivism, personal information registration, completion of sexual violence treatment programs, and employment restriction orders, the effect of recidivism can be expected to a certain extent, and other various circumstances, including the benefits and effects expected by the disclosure or notification order of this case, disadvantage and side effects therefrom, etc., the Defendant’s personal information shall not be disclosed and notified to the public)
1. 취업제한명령 아동ㆍ청소년의 성보호에 관한 법률 부칙(2019. 11. 26. 법률 제16622호) 제2조, 구 아동ㆍ청소년의 성보호에 관한 법률(2020. 6. 2. 법률 제17338호로 개정되기 전의 것) 제56조 제1항 본문, 제2항, 장애인복지법 제59조의3 제1항 본문, 제2항 양형의 이유 법률상 처단형의 범위: 1,500만 원 이하 양형기준의 미적용(벌금형) 선고형의 결정: 벌금 500만 원, 이수명령 40시간, 취업제한 2년 ◎ 불리한 정상 - 피고인은...