Text
Defendant shall be punished by a fine of KRW 50,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[criminal record] On October 25, 2016, the Defendant was sentenced to three years of imprisonment, five years of suspended execution, and the judgment became final and conclusive on November 2, 2016, and is currently under suspended execution, for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (an indecent act by a minor under the age of 13) at the Changwon District Court.
[2] On September 2, 2017, around 14:27, the Defendant: (a) boarded the victim D (tentative name, credit, 8 years old) on the elevator of 102, Seongbuk-gu, Seongbuk-gu, Changwon-si, Seongbuk-gu, 102, and (b) tried to commit an indecent act against the victim by forcing the victim; (c) the victim’s next side is written on his/her own hand to see both of the victims; and (d) the victim tried to have his/her face by forcing the victim’s face to return it to the detriment of the victim; but (c) the victim did not refuse to do so.
“.............” did not reach a dancing with the hand.
Accordingly, the defendant committed an indecent act against the victim who is under 13 years of age.
Summary of Evidence
1. Statement by the defendant in court;
1. Stenographic records or video-recording CDs made by the victim;
1. Arrest report of occurrence of the case, report of internal investigation (referring to the statement, etc. of the relevant person on the spot), report of internal investigation (the victim's maternity telephone conversations of the reported person), report of internal investigation (the confirmation of the list of reported cases processing cases and the audio recording file), investigation report (the confirmation and attachment of written opinions submitted by a statement analysis specialist E);
1. One copy of CCTV in the elevator, a photographic photograph, on-site CCTV photographs, and one copy of CCTV CD in which the person was suffering from the elevator;
1. A statement assistant report, and a reply to a written investigation before a request for attachment order is made;
1. Results of mental appraisal;
1. Previous convictions: Application of a written reply to inquiries, such as criminal history, (A) and criminal report (Attachment of written rulings concerning forced indecent conduct);
1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the crime;
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. Article 334 of the Criminal Procedure Act of the Provisional Payment Order