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Defendant shall be punished by a fine of KRW 10,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On February 23, 2018, at around 18:36, the Defendant committed an indecent act by force against a child or juvenile victim, such as: (a) the victim, who kidds immediately front of the crosswalk installed in front of the building in Seoul Special Metropolitan City, Nowon-gu, the victim C (the son, 15 years of age), who kidddds her her son by hand.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness C and D;
1. Application of internal investigation reports (CCTV and other on-site investigation), field CCTV photographs, and field CCTV-related Acts and subordinate statutes;
1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the facts constituting an offense, and Article 7 of the same Act and Article 298 of the Criminal Act;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;
1. It is anticipated that a child exempted from an order of disclosure and notification will have the effect of preventing re-offending through the registration of personal information of the accused and the completion of sexual assault treatment programs, as well as the fact that the accused does not have the same criminal record, to a certain extent, through the exemption from such order;
There is a criminal offense against the defendant, unlike in the case of a sexual crime.
If there is no evidence to determine the identity of the accused, and considering all the circumstances, such as the benefits expected by the disclosure order or notification order of this case and the effects of preventing sex crimes, and the disadvantages and expected side effects, there is a special circumstance in which the disclosure of the personal information of the accused may not be disclosed.
[Determination]
1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Articles 56(1) and 56(2) of the Act on the Protection of Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is a competent agency pursuant to Article 43 of the same Act.