Text
Defendant shall be punished by a fine of 2.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On August 25, 2017, at around 08:20, the Defendant committed an indecent act against the victim E (hereinafter “D”) who was waiting for a child’s home transport vehicle in front of the main place of “D” located in Tong-si, through through Dong-si, by taking the two arms into the two arms, making the victim’s chest two times by the right hand, etc.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes on investigation reporting;
1. Article 298 of the Criminal Act applicable to the facts constituting a crime 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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. Where the registration of personal information under the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the obligation to submit such information becomes final and conclusive on the criminal facts of the instant case, the Defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is obliged to submit personal information to a related agency
In full view of the Defendant’s age, occupation, mental state, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be suffered by the Defendant due to such order, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, there are special circumstances in which the disclosure of personal information may not be disclosed pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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.
Since it is determined, there is no order of disclosure or notification to the Defendants.
The reason for sentencing was the defendant's sudden and unexpected indecent act, and the victim did not feel harsh and sense of shame.