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

On July 11, 2019, at around 21:35, the Defendant committed an indecent act by force against the victim by exposing the cosmetic at the first floor of the store located in Busan Metropolitan Transportation Daegu B, the victim D (n, 44 years old).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes concerning a CCTV image closure photograph;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined in consideration of all the circumstances, such as the defendant's age, environment, character and conduct (no criminal records exceeding the same kind of crime and fine), the means and results of the crime (the degree of indecent act) and circumstances after the crime, etc., with the reason for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the victim;

Where a conviction becomes final and conclusive against a defendant who shall file for the registration and submission of personal information, 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 head of a related agency

In light of the Defendant’s age to be exempted from the disclosure or notification order, criminal records, family relations, the details and process of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure or notification order, the prevention of sex crimes subject to registration that may be achieved therefrom, and the protection effect of victims, etc., the court shall not issue an order to disclose or notify the Defendant 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 of Children and Juveniles against Sexual Abuse.