Text
The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
On July 8, 2015, at around 17:10, the Defendant, at the front of the C cafeteria located in Gyeonggi-gun B, had the mind to report the back habits of the victim D (at the age of 44) and to commit an indecent act, and the Defendant was able to do with the victim with his her ambane.
Accordingly, the Defendant committed an indecent act on the part of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes to the investigation report;
1. Article 298 of the Criminal Act applicable to the facts constituting an offense and the choice of fines;
1. Penalty fine of KRW 1,000,000 to be suspended;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 59(1) of the Criminal Act (in addition to a fine on one occasion in around 1992 to the accused, there is no criminal record, confession and reflects a crime, the victim expresses his/her intention not to be punished, the degree of damage in this case, etc.) of the suspended sentence, where the conviction of the accused against the sex offense subject to registration becomes final and conclusive, the accused is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the related agency pursuant to Article 43 of
Provided, That if a judgment of suspension of sentence against a defendant is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence, the person subject to registration shall be exempted from the obligation to submit personal information as such.
(See Supreme Court Decision 2014Do3564 Decided November 13, 2014). In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, order of disclosure or notification, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure or notification order, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., the disclosure or notification order is comprehensively considered.