Defendant

A shall be punished by imprisonment for a term of two years and six months.

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

Punishment of the crime

[2013Gohap516] On October 21, 2013, at around 22:00 to 23:00, the Defendant: (a) placed in the G building parking lot located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, the victim’s resistance on the front seat of the H Abucking car owned by the victim; and (b) forced the victim to tear the victim’s name in the front seat of the HAD car; and (c) forced the victim to do so.

As a result, the defendant committed indecent acts against the victim, and suffered multiple live gambling cases requiring about 14 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made by the police against the victim B;

1. A written diagnosis of injury;

1. Damage photographs;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

4. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

5. In light of the facts leading to the instant crime, etc., the Defendant has no criminal record identical to that of the Defendant excluded from disclosure orders and notification orders, and the risk of recidivism or recidivism by the mere fact that the Defendant committed the instant crime.

It is difficult to deem that there is a need to impose a disposition such as disclosure notification order, which may significantly affect the rehabilitation of the defendant.

Therefore, inasmuch as it is deemed that there are special circumstances to prevent Defendant from disclosing personal information under 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, which applies mutatis mutandis under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the disclosure order and notification

Sentencing.