Text
Defendant shall be punished by a fine of seven million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On September 25, 2019, around 04:30 on September 25, 2019, the Defendant committed an indecent act by force against the victim D (a person who is friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend).
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of related Acts and subordinate statutes;
1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. Article 47(1) and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Children and Juveniles against Sexual Abuse (i.e., the Defendant’s age, occupation, family environment, social relationship, criminal record, risk of recidivism, details of the instant crime, degree of damage, profits expected from the disclosure and notification order and the effect of prevention, disadvantages and side effects of the disclosure and notification order, it is deemed that there are special circumstances in which the Defendant’s personal information shall not be disclosed or notified to the public)
1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities
1. Where a conviction becomes final and conclusive with respect to a crime of indecent act by compulsion on the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 is obligated to submit personal information to the competent agency
The reason for sentencing is that the defendant commits an indecent act against the minor under 11 years of age around 2014, and is sentenced to imprisonment for two years and six months and suspended execution.