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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

On May 2014, the Defendant committed an indecent act against the victim’s will, such as: (a) the Defendant, while residing in subparagraph 1 of the Gangseo-gu Seoul Metropolitan Government C Apartment-dong 1, and living in the next house of the victim D (the age of 78) who was living in his house; and (b) the Defendant putting the shoulder of the victim who was seated on the inner bed; and (c) the Defendant forced the victim to commit an indecent act against the victim’s will.

Summary of Evidence

1. Legal statement of witness D;

1. The application of the Act and subordinate statutes to the statement statement by the police as to D (the defendant denies the crime of this case; ① the victim consistently and specifically states the situation in which he was committed an indecent act from the investigative agency to the court, and the background and process of reporting the defendant to the investigative agency; ② the victim does not appear to have any special circumstance to gather the defendant by falsity; and even if considering the content of the victim’s statement, the attitude visible from the court, and the age of the victim, it is difficult to see that the victim makes a false statement even when considering the victim’s appearance in light of the content of the statement by the police officer, the degree of credibility of the victim’s statement is high.)

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing under Article 334(1) of the provisional payment order is based on the following: (a) the degree of indecent act committed by the instant crime; (b) the Defendant has no record of being punished for the same kind of crime; and (c) the Defendant’s age, character and conduct, and the circumstances after the crime,

Where a conviction against a defendant is finalized on the criminal facts of a sex offense subject to registration, the defendant shall be subject to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.