A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On September 2, 2016, around 18:50 on September 2, 2016, the Defendant committed an indecent act by discovering the victim E (here 16 years of age) coming from the mixed line platform in Dongdaemun-gu Seoul, Seoul, by finding out the victim E (here 16 years of age) and driving the victim's right chest on one occasion with his left hand.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to a report on investigation (to hear statements by police officers in mobilization) and a report on investigation (to report attached details of 112 reports);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of the relevant criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. 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 [the defendant has no record of being punished for the same sex offense, and the crime of this case alone has a criminal tendency against many unspecified victims;

It is difficult to readily conclude, only with the registration of personal information on the defendant and the lecture of sexual assault treatment can prevent recidivism.

In full view of other circumstances such as the defendant's age, motive and method of crime, defendant's character and conduct environment, degree of disadvantage suffered by the defendant due to the defendant's order of disclosure, anticipated side effects, etc., there are special circumstances in which disclosure of the defendant's personal information may not be disclosed.

In conclusion, it is determined (see Supreme Court Decision 2011Do16863, Feb. 23, 2012, etc.). In a case where a conviction becomes final and conclusive on the facts constituting the crime in which personal information is registered, the Defendant is in accordance with Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.