Text
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On May 29, 2017, around 22:55, the Defendant, at the front of the E convenience store in Gwanak-gu, Seoul Special Metropolitan City, brought about the victim F (V, 31 years of age) who was waiting for pedestrian signal, with the victim's own hand, brought about one time the victim's tam.
Accordingly, the Defendant committed an indecent act on the part of the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the law of the police statement protocol to F;
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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. If a conviction of a sex offender subject to registration becomes final and conclusive in regard to the facts constituting a sex offense subject to the obligation 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 the Defendant is obliged to submit personal information to the head of the competent police office pursuant to Article 43
In light of the Defendant’s age, occupation, risk of recidivism, details and details of the offense, method and seriousness of the offense, seriousness of the crime, crime record, disclosure order or notification order, the degree and expected side effects of the disadvantage the Defendant may suffer, the preventive effect of the sexual crime subject to registration that may be achieved, the effect of the protection of the victim, the principle of prohibition of disadvantageous change, etc., there are special circumstances under which the disclosure of personal information may not be disclosed.
Therefore, based on Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, no order to disclose or notify the defendant shall be issued.