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Defendant shall be punished by a fine of KRW 20,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On July 24, 2016, around 01:47, the Defendant used and rhydd the part of the victim E (the third age)’s gymology and origin, which is considered as a string of boom clothes in the D restaurant located in Seongdong-gu Seoul Metropolitan Government, as his hand, in several times.
Accordingly, the defendant committed an indecent act against the victim by using the victim's resistance impossible condition under 13 years of age.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F and G;
1. Application of Acts and subordinate statutes to investigation reports (Evidence List 1);
1. Relevant Article 7 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., and Articles 299 and 298 of the Criminal Act concerning criminal facts;
1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 (only the instant crime committed against many and unspecified persons)
It is difficult to conclude that the effect of preventing recidivism can be expected to some extent only with the registration of personal information on the defendant and the completion of sexual assault treatment programs.
In light of other circumstances, such as the Defendant’s age, family environment, social relationship, etc., the disclosure and notification order has a big side effect on the Defendant’s disadvantage and anticipated side effects, while the effectiveness of the prevention of sexual crimes, etc. that may be achieved by the disclosure and notification order seems to be relatively low. However, there are special circumstances that may not disclose and notify the Defendant’s personal information.
The reason for sentencing is 1.2.