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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
At around 16:00 on February 12, 2020, the Defendant indicted the victim C (the age of 70) who throw away recyclable wastes from the recycling and collection site of the Seo-gu Seo-gu, Gwangju, where the Defendant is a security guard, on the one hand, the Defendant committed an indecent act against the Defendant by attracting the victim in front of the victim. However, the Defendant consistently denies this part of the charges from the investigative agency to the court, and consistently denies this part of the charges to this court. The Defendant’s statements in the investigative agency and this court are likely to have credibility: Provided, That in light of the relationship between the Defendant and the victim recognized by the records, the circumstance and process leading to the Defendant’s above act, and the physical condition of the Defendant’s body, etc., it is difficult to delete this part of the charges because the Defendant’s act objectively causes sexual humiliation or aversion and infringes on the victim’s freedom of sexual ethics.
An indecent act was committed on the part of the victim.
Summary of Evidence
1. Partial statement of the defendant C by the defendant's partial statement;
1. Partial statement of the police interrogation protocol of the accused;
1. Part of the police statement concerning C;
1. The written statement of the defendant;
1. The defendant and his defense counsel asserted on the defendant's voluntary report on the crime of indecent act by compulsion and defense counsel's assertion that the defendant did not have committed an indecent act by putting the victim's shoulder behind the victim in order to mislead the victim, and that there was no criminal intent of indecent act by putting the victim behind the victim.
An indecent act is objectively caused by sexual humiliation or aversion to the general public and in good sexual moral sense.