Text
1. The defendant shall be punished by imprisonment for six months;
2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 3, 2016, at around 23:00, the Defendant taken the part of the body part of the victim’s body, which might cause a sense of sexual shame, by inserting his own opphone 6S cell phone from his front, to his own opphone 67 years old, in the way of transfer from the C Station 1 to 3 lines of the C Station 1 line of Daegu Southern-gu, Daegu-gu., the Defendant taken the part of the victim’s body part, which might cause a sense of sexual humiliation by using the video function of the above cell phone.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of D or E;
1. Application of each seizure protocol and each seizure list (information on subway transportation cards and detailed statement of use of transportation card Capital Card) statute;
1. Article 14 (1) of the relevant Act on Criminal Crimes and Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment;
1. Article 62 (1) of the Criminal Act;
1. Where a judgment on the registration of personal information under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, 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 to a related agency pursuant to Article
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, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
The reason for sentencing – the favorable circumstances: reflectiveness, and criminal records other than fines on one occasion.