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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On March 2018, the Defendant: (a) opened a coffee at the dwelling space of the victim C (one name, half, and seventy-three years of age) located in Gangseo-si, J., 2018; (b) opened a string door after drinking the coffee; and (c) opened a string door after the victim’s back to give off the Defendant; and (d) operated a canter on two occasions.
Accordingly, the Defendant committed an indecent act on the part of the victim.
Summary of Evidence
1. Court statement of the defendant (the second trial date);
1. Each police statement made to C (alias) and D;
1. Application of Acts and subordinate statutes to report on investigation (Attachment, etc. of photographs of victims);
1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Where a conviction becomes final and conclusive on a crime of indecent act by compulsion in the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 is obligated to submit personal information to the competent
In full view of the Defendant’s age, occupation, social relation, risk of repeating a crime, motive, method, and consequence of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure notification order and employment restriction order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., it is determined that there are special circumstances that may not disclose and notify personal information or restrict the employment of children and juveniles-related institutions, etc. Thus, 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), the proviso to Article 50(1), and Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.