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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On July 5, 2017, at around 01:50, the Defendant: (a) placed the left hand on the left chest of the victim E (the 18-year old-old-gu) who was under dancing in the lower part of the victim E (the 18-year-old-gu) in Gwangju-gu; (b) concealed the victim’s humf on the left chest; and (c) humfed the victim’s humf on the part of the victim who was about to return to the fumf; and (d) committed an indecent act on the part of the victim by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Entry of each part of the protocol concerning the interrogation of the suspect against the defendant;
1. Entry of the statement protocol made by the prosecution against E;
1. Statement made to F in the police statement protocol;
1. Application of the Acts and subordinate statutes written statements prepared by G;
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 full view of the age, occupation, family environment, social relationship, criminal record and the risk of recidivism, benefits and preventive effects expected by an order of disclosure or notification, and disadvantages and side effects of the defendant exempted from an order of disclosure or notification, there are special circumstances under which personal information shall not be disclosed or notified.
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, a disclosure order and notification order shall not be issued to the accused.