Defendant shall be punished by a fine of KRW 20,000,000.

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

Punishment of the crime

At around 13:35 on April 20, 2019, the Defendant used the sexual organ of the Victim D (10 years of age) in the elevator of the B Seoul subway Co., Ltd. 7 in Gwangjin-gu Seoul Special Metropolitan City as his hand.

Accordingly, the defendant committed an indecent act by force against a minor under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. A protocol concerning the examination of partial police officers of the accused;

1. Application of the Acts and subordinate statutes concerning the CCTV reporting (Inspection of CCTV of the C elevator), and the CCTV storage of video data from the C elevator;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. 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 (the fact that there is no criminal history for the defendant, and only the crime in this case is committed against many unspecified persons). In light of all circumstances, such as the registration of personal information of the defendant and the completion of sexual assault treatment programs against the defendant can be expected to some extent to prevent recidivism, the disadvantages and anticipated side effects of the defendant due to the disclosure and notification order are significant, while the effects of the prevention of sexual crimes, etc. that can be achieved by the disclosure and notification order are likely to be relatively low. Therefore, it is deemed that the defendant should not disclose and notify personal information to the public)

1. The main sentence of Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act ( December 11, 2018), the main sentence of Article 59-3(1) of the Welfare of Disabled Persons Act.