1. The defendant shall be punished by a fine of three million won;

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

Punishment of the crime

피고인은 자폐성 장애 등으로 말미암아 사물을 변별하거나 의사를 결정할 능력이 미약한 상태에서, 2018. 5. 19. 13:10경 부산 부산진구 B 앞에 있는 버스정류소에 서 있던 피해자 C(여, 20세)의 뒤로 다가가, 손으로 피해자의 가슴 부위를 1회 만지고 피해자의 목덜미 부위를 감쌌다.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Each legal statement of witness C and D;

2. Part of the police interrogation protocol of the defendant

3. Application of each police protocol of statement to C and D

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

2. Legal mitigation under Articles 10 (2) and 55 (1) 6 of the Criminal Act (a mental or physical disability caused by developmental disorder, etc.);

3. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse.

4. Article 62 (1) of the Criminal Act;

5. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;

6. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

7. In full view of the following circumstances: (a) the Defendant appears to have committed the instant crime in a state that he or she lacks the ability to distinguish or make decisions due to his or her pulmonary disorder, etc. due to the disclosure of registered information, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification order; (b) the Defendant appears to have committed the instant crime in a state that he or she lacks the ability to distinguish or make decisions due to his or her pulmonary disorder, etc.; (c) the victim is not subject to punishment for the Defendant in consideration of his or her mental disorder, etc.; (d) the Defendant has no record of punishment for sex crimes or other crimes; and (e) the Defendant’s age, character, environment, family relationship, etc., profits and preventive effects expected by disclosure or notification order of registered information