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A defendant shall be punished by imprisonment for six months.
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.
Reasons
Punishment of the crime
around 04:00 on May 17, 2017, the Defendant placed the victim D ( South Korea, 20 years of age) who was intending to sleep, placed the victim's left arms, placed the victim's sexual organ on his/her hand and forced him/her to commit an indecent act.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes are confessions and reflects against the defendant, and the victim does not want the punishment of the defendant.
However, there is a risk of recidivism such as having the same record and similar way to commit the crime.
In addition, the above circumstances and the degree of indecent act, the defendant's age, sexual conduct, environment, motive and result of the crime, and all the sentencing conditions shown in the arguments and records of this case, including the circumstances after the crime, shall be determined in the same manner as the order.
Where this judgment becomes final and conclusive to file for the registration and submission of personal information, the accused 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 accused is obligated to submit personal information to a related agency pursuant to Article 43
In full view of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to such order, the preventive effect of the sexual crime subject to registration, the effect of the protection of the victim, etc., the personal information is personal pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.