Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

피고인은 편집성 정신분열증으로 인하여 사물을 변별할 능력이나 의사를 결정할 능력이 미약한 상태에서 2015. 5. 7. 14:00경 울산 중구 C에 있는, D마트 앞길에서 학원에 있는 초등생 딸을 데리러 걸어가던 피해자 E(여, 35세)에게 욕정을 품고 뒤에서 접근하여 피해자의 치마를 들춰 올려 피해자를 강제로 추행하려고 하였으나, 이를 눈치 챈 피해자가 소리를 질러 미수에 그쳤다.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to the written victim E;

1. Relevant Articles 300 and 298 of the Criminal Act concerning facts constituting an offense and Articles 300 and 298 of the Criminal Act;

1. Article 10 (2) and (1), and Article 55 (1) 6 of the Criminal Act that is legally mitigated;

1. Articles 70 (1) 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 proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Order (In full view of the Defendant’s attitude, age, character and conduct, family environment in this court, and the fact that the Defendant was diagnosed by an edited mental disorder around September 2014, it is deemed that there is a special circumstance in which order to complete order cannot be imposed, since it is difficult to expect that the Defendant would normally be able to complete order to

1. The reasons for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, are as follows: (a) the Defendant was sentenced to imprisonment with prison labor for a year and six months and three years of suspension of execution on August 22, 2014; and (b) the sex crime of the same case in the same case during the period of suspension of execution; and (c) the Defendant did not reach an agreement with the victim.