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
around 17:05 on October 22, 2016, the Defendant committed an indecent act on the part of the victim C (the 16-year age), who was sitting in the side of the Defendant’s body and was diving due to a short half of the bus operated in Yeonsu-gu, Incheon, Nam-gu, Incheon, by committing an indecent act on the part of the Defendant C (the 16-year age), 6 to 7 only.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to CCTV photographs of buses;
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;
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. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.
Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be sentenced to an order to disclose personal information registered to a defendant pursuant to the following, taking into account the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, the effect of preventing sexual crimes that may be achieved through an order to disclose information, disadvantage the defendant's injury, etc.
The reason for sentencing is not that of the crime in this case in light of the method and attitude of the crime in this case, but the victim is trying to punish the defendant.
Considering these circumstances disadvantageous to the defendant, the defendant's age, sex, environment, records of criminal punishment, the form and degree of damage, and other crimes.