A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On October 31, 2013, at around 13:40 on October 31, 2013, the Defendant, along with the mother at the entrance of the latter parking lot of the “D market” located in Jung-gu, Busan, and her mother, reported the victim E (n.e., 45 years of age) to his her son from behind the victim to his her son, she was forced to commit an indecent act against the victim by force by rhyming the victim’s shoulder, hand, arms, and parts, etc. which continuously resisted.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

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. Where a conviction becomes final and conclusive with respect to a crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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 is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, given that there are special circumstances that may not be disclosed or notified of personal information pursuant to 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.

The defendant does not have the basic area (one month to one year and four months of imprisonment), the basic area (one year and four months of imprisonment) of the crime of indecent act by force (subject to the age of 13) on the grounds of the sentencing [the scope of recommendations]. The defendant does not have any special person (the decision of the sentence of punishment).