Defendant shall be punished by a fine of KRW 15 million.

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

Criminal facts

On July 3, 2018, the Defendant, at around 13:18 on July 3, 2018, faced with the victim D (name, ring, 15 years of age) who was walking along the path in front of Gwangju City, and faced with the victim's right side, and committed an indecent act as if the victim's right tacks even knife with the victim's hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (CCTV Analysis and Investigation);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the selection of fines concerning the crime;

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

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, exempted from the disclosure and notification order, (i) it is difficult to readily conclude that the Defendant has a mental disease and has high risk of re-prevention of sexual assault in the current treatment process; and (ii) the Defendant’s personal information registration and the completion of sexual assault treatment programs can have an effect on the prevention of recidivism even to a certain extent;

The disadvantage suffered by the defendant or his family due to the disclosure and notification order is greater than the prevention effect of sexual crimes.

Considering the fact that the defendant's personal information may not be disclosed or notified, there are special circumstances in which the defendant's personal information may not be disclosed or notified.

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act - The defendant does not have any awareness of committing a crime by committing an indecent act against a juvenile victim who does not have any awareness of such offense - the defendant has the same criminal records during the period of probation - he has not received any tolerance from the injured.