A defendant shall be punished by imprisonment with prison labor 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

The defendant is a person with a disability with no certain occupation or with visual disability.

On April 4, 2019, at around 16:55, the Defendant: (a) was seated in the bus stops C located in Seopopopo City B, and was waiting for the bus, and (b) was able to write down the bucks of the victim D (the age of 17). On one hand, the Defendant continued to walking the victim’s name with one hand from the behind part of the victim, and then committed an indecent act against the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

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. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Consideration of the health conditions of the accused, effectiveness of an order to attend a course, etc.);

1. In full view of various circumstances, including the Defendant’s age, occupation, family environment, social relationship, risk of recidivism, notification of disclosure and employment restriction order, disadvantages and side effects expected due to such order, and adverse effects of the Defendant’s personal information disclosure or employment restriction order, 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 proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), Article 59-3(1) proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Article 47(1) and the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant’s personal information disclosure or employment restriction order cannot be issued, and the case where the judgment of conviction becomes final.