However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

On June 28, 2016, the Defendant, at around 01:00, d5 stories in Gwangju Mine-gu C, had been divingd, had the victim E (here, 24 years old) to report the indecent act by force, had the victim approaching the victim, followed by the victim, and had the victim's negative part by hand.

Accordingly, the defendant committed an indecent act against the victim by using the state of impossibility of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a conviction of a sex offender subject to registration becomes final and conclusive in regard to the facts constituting a sex offense subject to the obligation 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, 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 the Defendant is obligated to submit personal information

In full view of the age, occupation, family environment, social relationship, criminal record and the risk of recidivism, benefits and preventive effects expected by an order of disclosure or notification, and disadvantages and side effects of the defendant exempted from an order of disclosure or notification, there are special circumstances under which personal information shall not be disclosed or notified.

Therefore, based on Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, a disclosure order and notification order shall not be issued to the accused.

The reason for sentencing [Scope of Recommendation] is that there is no person who has the basic area (6 months to 2 years) (6 months to 2 years) (the person who has the special sentencing factors] (the decision of sentencing) of the type 1 (the person who has been subject to 13 years or more) of the crime of indecent act.