A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On November 02, 2018, around 02:15, the Defendant committed an indecent act by force on the part of the victim D(the age of 27) who was under the influence of alcohol in a “C” room located in Silung-si B.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to written E;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., that the defendant is led to confession and reflect, and that the defendant has no particular criminal record, in addition to the suspension of indictment for the same crime);

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the registration and submission of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 provide personal information to the competent agency

In full view of the Defendant’s age, occupation, risk of recidivism, details and motive of the offense, method and seriousness of the offense, disclosure notification order and employment restriction order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects of the offense subject to registration, the preventive effect of the sexual crime subject to registration that can be achieved therefrom, the victim protection effect, etc., the Defendant is determined to have any special circumstance that may not disclose and notify personal information or restrict employment. Thus, the Defendant is not subject to disclosure order, notification order and employment restriction order.