Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Around January 29, 2016, when the Defendant lacks the ability to discern things or make decisions due to the decline of recognition function due to dementia, mental retardation, etc. in detailed name Albuses-based illness, and disorder of judgment, etc., the Defendant was able to forcibly commit an indecent act against the victim E (the age of 38) coming from the front side of the "D Beauty") in Songpa-gu Seoul, Songpa-gu, Seoul. On January 29, 2016, the Defendant was able to force the victim E (the age of 38) from the front side of the "D Beauty room" located in Songpa-gu, Songpa-gu, Seoul.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Act and subordinate statutes on CDs for storage of files taken by the person under consideration;

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

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act, which is to be mitigated by law;

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 of the Provisional Payment Order [It is difficult to expect that the defendant will normally complete the program, considering the fact that the defendant is old and is in a state of mental and physical weakness due to a decrease in recognition functions, etc., and thereby, it is also difficult to achieve the effectiveness of preventing recidivism;

there are special circumstances in which the defendant can not be ordered to complete the program.

Since it is recognized, no order to complete a sexual assault treatment program is imposed pursuant to the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

The circumstances unfavorable to the reason for sentencing: The defendant committed the crime of this case in a state of mental and physical weakness due to dementia, etc. with the age of 77 years old. Family members of the defendant clearly have social ties, such as hospitalization in a hospital specializing in the elderly, for the prevention and treatment of recidivism. The victim and the victim wanted.