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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On August 15, 2016, around 00:35, around 00:0, the Defendant committed an indecent act on the part of the victim E (n, 32 years of age) who emitted from the toilet located in Mapo-gu Seoul Metropolitan Government and DPC room at around 0:35, by reporting the victim E (n, e.g., e., at the toilet at the seat of Seoul Mapo-gu and DPC room), and by committing an indecent act.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of the Act and subordinate statutes to a investigative report (CCTV image verification and investigation);
1. Selection of a fine by integrating the relevant legal provisions of the Criminal Act, Article 298 of the Criminal Act, the choice of a fine (aggravating and reflecting the facts constituting an offense, the primary offender, the fact that the offense is contingent, and other data on sentencing);
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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Where a conviction of a defendant who has registered personal information of Article 334(1) of the Criminal Procedure Act in the instant case becomes final and conclusive, the defendant constitutes a person subject to registration of personal information of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and thus is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.
In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of the protection of the victim, etc., there are special circumstances in which the Defendant may not disclose personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children Juveniles against Sexual Abuse.
Since it is judged, no order of disclosure or notification shall be issued to the defendant.