Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

A person with mental disorder Grade II, who lacks the ability to discern things or make decisions due to a mental division, and around 17:00 on June 2, 2012, the defendant found the victim D (12 years old) who was frighting on the front side of Gangnam-gu Seoul Metropolitan Government Cmat, and attempted to force indecent act by force against the victim who was a minor under the age of 13.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the written statement and stenographic records of the victim D;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Article 10 (2) and (1), and Article 55 (1) 6 of the Criminal Act that is legally mitigated;

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. Grounds for sentencing under Articles 33 (1) and 34 of the Act on the Protection of Children and Juveniles against Sexual Abuse (where a conviction on the facts charged in the instant case, which is a sex offense against a child or juvenile, is finally affirmed) where personal information is registered, under the proviso to Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (referring to where a mentally handicapped person under Article 10 of the Criminal Act, who is unable to issue an order to attend a course

1. The sentencing criteria shall be applicable to a crime subject to the application of the sentencing criteria, but the sentencing criteria shall not apply by the choice of a fine;

(a) A favorable circumstances: A weak reflectivity, the exercise of tangible power, or the degree of indecent conduct; a mental disorder caused by a mental division; a mental disorder; a medical treatment for the defendant by the mother; a family environment, etc. where it is difficult as a basic recipient of a contract;

(b) Unfavorable circumstances: The fact that a minor victim under 13 years of age is committed by indecent act by force, and the nature of the crime is not good; and the same shall apply to March 16, 2009.