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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

On June 4, 2020, at around 01:20, the Defendant: (a) went through alleyway near C in Gwanak-gu in Seoul Special Metropolitan City; (b) opened a spread to the victim D (54 years of age) who was seated therein; and (c) went back several times by the victim’s scambling the sexual organ; and (d) escaped.

Accordingly, the Defendant openly committed obscene acts.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports and internal investigation reports on the D statements (CCTV verification, CD production and attachment - screen video recording, CCTV reverse tracking results, and bus operation records);

1. Application of Acts and subordinate statutes to the suspected photograph;

1. Article 245 of the Criminal Act applicable to the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the defendant publicly committed obscene acts on the alleyway during one night, and the witness is not good and has a strong displeasure.

However, it is somewhat advantageous to the fact that there is no record that the defendant was punished for the same crime, that the defendant is fully aware of and reflects the crime, that the witness is agreed with the witness after the prosecution, and that the witness does not want the punishment of the defendant.

In full view of these circumstances, the defendant's age, health, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, and the degree of obscene act as shown in the arguments in the instant case, the defendant selected a fine as equal to that of the prosecution and sentenced to the same punishment as the sentence.

It seems that the defendant exempted from employment restriction order has no record of punishment for the same crime or sex crime, the defendant's age, intelligence index, social relationship, details and methods of the crime, circumstances after the crime, and the risk of recidivism of sexual crime is low, and the defendant is also a sexual assault treatment program.