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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On April 23, 2018, at around 00:45, the Defendant, at the main point of “D” located in Yongsan-gu Seoul Metropolitan Government Yongsan-gu, used as a humd hand the victim E (the name, the age of 22), who is an employee, to obtain an order from the Defendant’s side, and humd the victim’s right side with his hand.
Accordingly, the defendant forcedly committed an indecent act against the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with respect to E;
1. Application of the investigation report (D's main CCTV image analysis) statute
1. Article 298 of the Criminal Act concerning the facts constituting the crime;
1. Selection of a selective fine for punishment (including the fact agreed with the victim and the fact that the defendant is against the victim);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Where a conviction on the criminal facts of this case against a defendant who is obligated to register and submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, becomes final and conclusive, the defendant is 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 thus the defendant is obligated to submit personal information to the competent agency
Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children’s Sex Offenses (the Defendant’s age, family relationship; the background and process of the instant crime; the benefits and preventive effects expected from the instant disclosure orders and the instant notification orders; the disadvantages and side effects therefrom; etc.), there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.
As such, the proviso of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's age is different) is exempted from the order to disclose or notify the defendant.