Defendant shall be punished by a fine of one million won.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Punishment of the crime

On April 20, 2016, the Defendant committed an indecent act by forcing the victim to commit an indecent act by reporting that the victim D (V, 60 years of age) who was living in the front of the C Mart in Nam-gu Incheon Metropolitan City, where he was living in the front of the C Mart, around 20:20 on April 20, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the 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 Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In light of the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose personal information registered pursuant to 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 shall be issued to the defendant.

Reasons for sentencing

1. The sentencing criteria shall not be applied as a fine is selected for the crime in the judgment.

2. Although the defendant is under the influence of alcohol and commits an indecent act against the victim who is a fluor resident, the defendant is relatively weak to commit the crime, the defendant reflects the crime, agrees with the victim, etc., and the victim does not want the punishment of the defendant, the punishment of the fine like the order shall be imposed in consideration of the fact that the victim does not want the punishment of the defendant.