A defendant shall be punished by imprisonment for not less than eight 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.

Punishment of the crime

On March 19, 2017, the Defendant reported the victim C (the name, 23 years of age, and female) who was waiting for an elevator on the first floor of the Busan Shipping Daegu building B, Busan, Busan, and committed an indecent act by force against the victim by using the victim’s knife in mind.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. Application of investigation reports (victim C, video recording), video recording CDs, and statutes governing the field situation at the time;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service or Order to Attend Courses;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of the Sex Offenses of Children and Juveniles (in light of the characteristics of the instant crime, etc., there is a risk of recidivism of a sexual crime committed by a criminal defendant in general;

In light of the fact that it is difficult to readily conclude, the registration of personal information and the completion of a sexual assault treatment program are deemed to have the effect of preventing recidivism to a certain extent, and the following circumstances are comprehensively taken into account the Defendant’s age, family relationship, background and process of the instant crime, benefits and preventive effects expected by the disclosure order and the notification order of this case, and disadvantages and side effects arising therefrom, where a conviction on the instant criminal facts against the Defendant who has registered personal information becomes final and conclusive, the Defendant is subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and thus, is obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act.