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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant, around 05:40 on August 15, 2016, 2016, on the street in front of the “E” located in Seoul Special Metropolitan City, Nowon-gu D, committed an indecent act by force against the victim F (M, 16 years old) who was seated above the victim F (M, 16 years old), and her her her her her her her her her her her her her her her her her part
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of F and G;
1. Investigation report (Attachment to photographs of the analysis of CCTV 34 No. 100 and the closure of which are to be carried out);
1. Application of statutes governing stenographic records;
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 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. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.
(C) The Defendant and his defense counsel asserted that the Defendant was physically and mentally deprived or physically weak at the time of the instant crime.
In light of various circumstances, such as the background and means of the crime committed by each of the above evidence, the details of the crime, and the defendant's behavior before and after the crime, it cannot be deemed that the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime in this case, and thus, the above assertion is rejected.
The circumstances below the reasons for sentencing, and the age, occupation, sex, family relationship, and crime of the defendant.