A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On May 1, 2018, at around 07:20, the Defendant committed an indecent act against the victim, such as discovering the victim D(40) who is enjoying from the area in Gwangju Mine-gu, C Sari or the surface of the water, and making the victim's sexual organ only once with the victim's own loss.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Written statements of D;

1. Application of the Act and subordinate statutes to the investigation report (as to the results ofCCTV verification);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account the circumstances such as the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from order to complete program (the defendant is difficult to expect the effect of preventing recidivism by completing program as a foreigner of the nationality of his/her mother does not communicate with Korean language with the foreigner of his/her mother country)

The reason for sentencing - favorable circumstances: The defendant is the first offender, the background of the crime, the frequency and degree of the crime committed; the fact that the crime is not serious in light of the degree of the crime committed; where the judgment of conviction against the defendant is finalized as to the crime of which he/she has failed to agree with the victim; 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; thus, the defendant is a person subject to registration of personal information under Article 43 of the same

In light of the Defendant’s age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of the protection of the victim, etc., the punishment of sexual crimes, etc. shall be taken into comprehensive consideration.