Defendant shall be punished by a fine of 3.5 million won.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Punishment of the crime

On November 6, 2015, around 19:50 on November 19, 2015, the Defendant discovered the victim E (30 years of age) who was divingd in the area of D History or the second floor of the water surface located in the Nam-gu Incheon Metropolitan City, and had the victim's sexual organ met with the victim's sexual organ by inserting his hand inside the victim's inner part and making it possible for the Defendant to commit an indecent act by force.

Accordingly, the defendant committed an indecent act against the victim in a state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 299 and 298 of the Criminal Act and the choice of fines concerning the relevant criminal facts;

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.

In light of the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose personal information registered pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be issued to the defendant.

Reasons for sentencing

1. The sentencing criteria shall not be applied as a fine is selected for the crime in the judgment.

2. The sentence of a fine like the order shall be imposed, taking into account the following factors: the form of the instant indecent act, the recognition of the Defendant’s criminal act, and the fact that the Defendant had been engaged in the same kind of crime, but was in 1982.