Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On May 16, 2013, at around 16:45, the Defendant committed an indecent act by force against the victim F (the age 21) who has a mental disorder in the stairs of the second floor of the building of the building of “Esing practice room” located in Busan, the Defendant: (a) induced the victim F (the age 21) who had a mental disorder in the second floor of the building of “Esing practice room” to return Kim (the age 21) to the next singing room; (b) however, the singing door is closed; (c) the victim is seated in the stairs leading to the singing door; and (d) the victim was able to enter the singing door.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Statement recording recorded by the police against F;

1. Application of Acts and subordinate statutes of a medical certificate for disabled persons;

1. Relevant legal provisions concerning criminal facts and Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act, and Article 298 of the Criminal Act;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 6 of the Criminal Act ( considered as favorable circumstances in the rear);

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 main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before order;

1. In full view of Articles 47(1) and 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is the age of 76 years, and there is no sex offender record, etc., it is difficult to see that the defendant is highly likely to recommit a sex crime in light of the favorable circumstances deemed the following grounds for sentencing, such as the crime committed in this case, and the profits and preventive effects expected from disclosure and notification orders, and all other circumstances, such as disadvantage and side effects