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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 August 19, 2019, the Defendant demanded to inform the victim E (the family name, the 25-year age) at the entrance of the 1st floor of Gangseo-gu Seoul Metropolitan Government Cofficetel D, but when the victim refused to notify the phone number, the Defendant committed an indecent act by force against the victim by putting the victim’s hand on his own hand and putting on the victim’s right chest.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of E;
1. Application of Acts and subordinate statutes concerning the investigation report (CCTV investigation);
1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order of disclosure, an order of notification, or an order of employment restriction, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (in light of the Defendant’s age, occupation, risk of recidivism, motive of the instant crime, method of the crime, order of disclosure, order of disclosure, notification and employment restriction order, the degree and anticipated side effects of the Defendant’s disadvantage caused by such order, the prevention of sexual crimes subject to registration which may be achieved, and the effect of protecting the victims thereof, it is deemed that there are special circumstances in which the disclosure and notification of
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was unable to obtain a letter from the victim. However, the fact that the defendant's mistake is recognized and reflects his/her mistake, there is no particular penalty power except that he/she was punished once by a fine, the degree of indecent act, and other matters.