Text
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 August 29, 2017, around 18:30 on August 29, 2017, the Defendant discovered the victim E (V, 59 years of age) who performs funeral services in the front of Seo-gu Incheon, Seo-gu, Incheon and had the mind to commit an indecent act by force.
Defendant has a talk that the Defendant would be able to do with the victim.
In addition, in order to put the victim into the above singing room, as the victim gets the two arms, prevented the victim from putting the two arms of the victim's refusal to do so into the wall, and let the victim take the chest of the victim in both hands, prevent the victim from resisting the body of the defective victim, and then make the victim take the body of the defective victim about to escape and make the victim resist the body, and make the victim resist the chest of the victim and forced the victim to commit an indecent act by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to investigation reports (to analyze and attach visual images ofCCTV);
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. 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 of Children and Juveniles against Sexual Abuse, 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 effectiveness of preventing sexual crimes that may be achieved by an order to disclose information, disadvantage the Defendant’s entrance, etc.