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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 February 19, 2014, the Defendant was sentenced to a suspended sentence of two years in the Cheongju District Court for one year due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the judgment became final and conclusive on February 27, 2014.
At around 03:50 on March 23, 2014, the Defendant, at the soup room located on the third floor of the Heungdong-gu Seoul Building C, Cheongju-si, in order to make soup so that the Defendant would commit an indecent act against the victim D (the age of 25) who locked in front of the women's exclusive water surface room, and after taking it in the same direction as the victim's right side, the Defendant divided the victim's chest by hand.
Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.
Summary of Evidence
1. Legal statement of witness D;
1. Statement made to D by the police;
1. Photographs;
1. Previous records: References to criminal records, investigation reports (report attached to the same type of judgment), court rulings, and application of Acts and subordinate statutes;
1. Articles 299 and 298 of the Criminal Act applicable to the crimes;
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 conviction becomes final and conclusive with respect to a crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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 is obligated to submit personal information
In full view of the Defendant’s age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration which may be achieved therefrom, and the effect of protecting the victims of sexual crimes, etc., Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the protection of children and juveniles against sexual abuse.