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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On June 23, 2017, from around 18:27 to 20:15, the Defendant opened a 3 autonomous learning room of the D Library located in Jongno-gu Seoul Metropolitan Government, and opened a string of the victim E (one’s name, half, 23 years old) who was sitting up in a part outside the string of the strings under his/her book, and knee, knee, knee, knee, knee, etc.
Accordingly, the defendant committed an indecent act against the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of the video CD-related Acts and subordinate statutes
1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. If a conviction on the crime of indecent act committed in the judgment that is a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act is confirmed, the defendant is a person 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 the head of the competent police office pursuant to Article 43 of the same Act.
In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.
Therefore, pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, any order to disclose or notify to the accused shall not be issued.