Text
Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The defendant is a patient hospitalized in C Hospital 53-dong 5311 in Jinju-si, who is located in C Hospital 53-dong 531, and the victim D (the age of 28) is the above nurse.
On September 21, 2013, at around 15:25, the Defendant committed an indecent act by force against the victim's chests on one hand, following the victim, etc. who was reported on his duties in the nurse guidance room at the same ward ward.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes of E;
1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act (Selection of a fine in consideration of the fact that there is no same kind of power and the fact that there is an error therein, etc.);
1. Articles 70 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. Where a judgment of conviction was rendered against a defendant who shall submit personal information under Article 334(1) of the Criminal Procedure Act as an indecent act by compulsion, the defendant becomes a person subject to registration of personal information pursuant to Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obliged to submit personal information to the chief of the competent police station as prescribed in Article 33 of the same Act
In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence, and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of the protection of the victim, etc., the disclosure order or notification order shall not be issued in accordance with Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse. Thus, the disclosure order