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Defendant shall be punished by a fine of two million won.
Where the defendant fails to pay the above fine, 20 days shall be applied.
Reasons
Criminal facts
On February 15:00 on February 26, 2017, the Defendant drinking alcohol, such as the Busan City Apartment, 308 Dong 703, and the Victim D (M, 63 years old) who had been killed before drinking, and assaulted with each other during drinking, the Defendant “Chewingly sold” to the victim.
“In doing so, the victim’s knee and kneee are knee and the victim’s panty had knee and forced indecent conduct.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspects of D;
1. Application of statutes on site photographs;
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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Where a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on the registration of personal information of Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.
In full view of the Defendant’s age and degree of risk of recidivism, the course and method of each of the crimes in this case, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sexual crimes that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the Defendant’s personal information may not be disclosed.
The decision is judged.
Therefore, pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, a disclosure order or notification order shall not be issued to the accused.