Text
Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On June 17, 2017, around 06:34, the Defendant committed an indecent act by reporting the back habits of the victim D (V, 56 years old), which is cleaning toilets from the first floor male toilets underground of Busan subway C, Busan, Jung-gu, Busan, with the intent of committing an indecent act.
Accordingly, the Defendant saw the victim's chest back from behind the victim's chest, and forced her to commit an indecent act by force by deceiving the victim's her her butt, and her part with her hand.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Article 298 of the Criminal Act concerning the facts constituting the crime;
1. Selection of a selective fine for punishment (the first crime and the victim's punishment is not imposed for the victim in agreement with the victim, etc.);
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 becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.
In light of the Defendant’s age, occupation, risk of repeating a crime, type of a crime, motive, process, seriousness of a crime, disclosure order or notification order, the degree and anticipated side effects of the Defendant’s disadvantage and expected side effects, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of the protection of the victim, etc., the Defendant may not disclose personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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.
Therefore, it is determined.