Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The Defendant, as a mentally disabled person of Grade II, lacks the ability to discern things or make decisions due to the decline in shocking ability due to intellectual disorder, and around June 14, 2018, around 17:17, around the subway No. 5 lines located in Seongdong-gu Seoul Metropolitan Government, the chest of the victim D (V, 16 years old) who sited in the platform was on his/her hand in front of the platform platform 1-1 square meters of the subway No. 5 lines located in Seongdong-gu Seoul.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to investigation reports (a summary of records recorded in victim D);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

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

1. The sentencing under the proviso of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Order (any special circumstance in which the Defendant is unable to impose an order to complete programs in light of his/her intellectual ability or the words, attitudes, etc. in this court due to class 2 of the intellectual disability) shall be determined as ordered by comprehensively taking into account the following circumstances and other various conditions of sentencing specified in the record.

Where a conviction on the instant criminal facts becomes final and conclusive against a defendant who is in a mental and physical state of class 2 with mental disability, the background of the prosecution, and the fact that the defendant is against himself/herself, 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 thus, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exemptions from Disclosure Orders and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of the Sex Offenses of Children and Juveniles (the age, family relationship, background and circumstances of the instant crime).