Defendant shall be punished by a fine of KRW 30,000,000.

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

Punishment of the crime

The defendant is a person with a intellectual disability 3 and is a neighbor who lives in the same apartment as the victim C(M, 61 years of age) with a brain-disease 2.

On August 4, 2016, the Defendant committed an indecent act by force on the part of the victim, who was physically or mentally disabled, due to the following: (a) in E-art parks located adjacent to the Chungcheongbuk-si, Da, 19:30 on August 4, 2016: (b) the victim, who was seated at the bee and was sitting, was able to sit on his own side; and (c) the victim, who was physically or mentally disabled, was able to sit on his chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Recording records;

1. Application of Acts and subordinate statutes upon verification of whether persons with disabilities are registered;

1. Relevant Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the crime;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, 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 (applicable to a defendant who has no record of punishment for a sexual crime and thus has a risk of recidivism of sexual assault or recidivism;

It is difficult to conclude that the defendant's personal information registration and order to complete the program can be expected to some extent to prevent recidivism.

In full view of other circumstances such as the profits expected by the disclosure notification order of this case and the preventive effects, disadvantages and side effects resulting therefrom, there are special circumstances in which the personal information of the defendant may not be disclosed or notified.

If a conviction is finalized against a defendant who has registered new information, the defendant shall be punished by Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.