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A fine of two million won shall be imposed on a defendant.
Where the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
On June 25, 2013, at around 03:02, the Defendant: (a) committed an indecent act by force against the victim, who was on board the elevator, by causing the victim C (here, 46 years of age), who was on board the elevator, to de facto desire to get out of the elevator; and (b) caused the victim’s right chest by hand, and by force, committed an indecent act against the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Application of the CD-related Acts and subordinate statutes containing the suspect's criminal intent;
1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The Defendant alleged to the effect that the Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime. As such, even though the Defendant was aware of drinking at the time of committing the instant crime, he did not have the ability to discern things or make decisions due to the fact that the Defendant had no ability to discern things at the time of committing the instant crime.
Since it seems that it did not seem to have reached a state or weak, the above assertion is rejected.
Where a judgment of conviction against a defendant on a crime subject to registration of personal information becomes final and conclusive, 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 is obligated to submit personal information to relevant agencies pursuant to Article 43
Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration to be achieved therefrom, the effect of protecting the victims, etc.