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A defendant shall be punished by imprisonment for six 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.
Reasons
Punishment of the crime
On March 27, 2017, at around 18:30, the Defendant started from a high speed terminal of subway No. 9, the subway No. 220, Dongjak-gu, Seoul, Seoul, and committed an indecent act against the victim in the public means of transportation by means of mass transportation, starting from the top of the victim B (V, 22 years of age) in the 3-3 candle of the rapid drive drive to the direction of the movement.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of the police statement protocol law to B
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;
1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the same Act on the grounds that there was a history of having been a disposition of suspending indictment on or around September 2013 for the same type of crime, taking into account that there is no history of the crime except for the autopsy and degree of the conduct of prosecution,
1. When a judgment of conviction on a sex offense subject to the registration of personal information under Article 62-2 of the Criminal Act and Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the defendant 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 obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act.
In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the prevention of sexual assault crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure of personal information may not be announced pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) proviso of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.