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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
Criminal facts
On December 25, 2016, at around 22:30, the Defendant made soup to the first floor of “C” underground of “C” located at Osan-si B, Osan-si, with the intent to commit an indecent act against the victim. On the other hand, the Defendant committed an indecent act by force by taking advantage of the victim’s mental and physical loss or resistance impossibility.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Relevant legal provisions concerning facts constituting an offense, Articles 299 and 298 of the Criminal Act of the choice of punishment, and the choice of fines (including the fact that the defendant has not yet been led to recovery of damage, the fact that the defendant is led to confession and reflect, and that the defendant has no past record of punishment except twice the punishment of fines).
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of a new information under Article 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure and Notification of Personal Information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (no such previous information shall be disclosed or notified, taking into account family relations, circumstances, etc.), the defendant becomes 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 is obligated to submit personal information to the head of a competent police office pursuant to Article 43 of the said Act.