Text
1. Defendant shall be punished by a fine of 5,000,000 won;
2. Where the defendant does not pay the above fine.
Reasons
Punishment of the crime
From around 05:58 on the same day to around 06:05 on the same day, the Defendant committed an indecent act by force against the victim in a situation where he/she is unable to resist by inserting his/her own right hand by inserting his/her clothes under the victim D (n, 20 years of age) in a common ward located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul. Around 05:05 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Written statements of D;
1. Application of CCTV image Acts and subordinate statutes;
1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;
2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.
3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.
4. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act in the case of the order of provisional payment.
1. Unfavorable circumstances: The degree of conduct is serious, and it is deemed that he/she enters the place prescribed in the plan for committing a crime;
1. favorable circumstances: The defendant is subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to related agencies pursuant to Article 43 of the same Act, on the ground that a conviction on the facts constituting a sex crime subject to registration becomes final and conclusive, which is subject to registration, taking into account all kinds of sentencing conditions prescribed in Article 51 of the Criminal Act, such as the fact that he/she recognizes a mistake, the fact that he/she has no criminal record, the fact that the victim does not want the punishment against the defendant
The age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, the prevention of sexual crimes subject to registration and the effect of protecting the victims, etc.