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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 March 29, 2015, at around 14:50, the Defendant: (a) committed an indecent act by force against the victim C, a child or juvenile, who had talked with his/her friendship in the Gangdong Olympic Park, Gangdong-gu Seoul Olympic Games, (b) 702 (astronomic. 702), (c) “Is 13 years of age,” and (d) “Is her badly sustained” on his/her hand floor.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. C’s statement;
1. Investigation Report (Listening Statement D) (Intake of Witnesses) (The Defendant asserts that he was in a state of mental disorder by being drunkly drunk at the time of committing the instant crime, and that he was in a state of mental disorder because he was unable to memory. According to each of the above evidence, it is recognized that the Defendant was in a state of mental disorder at the time of committing the instant crime. However, in light of various circumstances, such as the background, means and method of the instant crime, the Defendant’s behavior before and after the instant crime, etc., it is not deemed that the Defendant was in a state of lacking the ability to discern things or make decisions due to drinking, and thus, the Defendant’
1. Article 7 (3) of the Criminal Act and Article 298 of the Criminal Act concerning the relevant criminal facts and the Protection of Children and Juveniles against Sexual Abuse selected as a penalty;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The age, character and conduct, previous conviction and risk of recidivism of the defendant, the type, motive, process, consequence, seriousness of the crime in this case, the disclosure order or notification order, the degree of disadvantage and anticipated side effects that the defendant will suffer, as well as the expected side effects.