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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 14, 2013, at around 23:30-23:46, the Defendant, within the train No. 1226 of the Busan Musdo Muschip No. 1226, the Defendant did not sit at his own designated seat on the side of the victim C (V, 20 years old) of the same train without standing the train on the side of the victim C (V, 20 years old) of the same train, made a contact with the victim's buckbucks by hand, and committed indecent act against the victim in a public densely-populated place by using the victim's buckbucks.
Summary of Evidence
1. C’s legal statement;
1. Application of the police protocol law to C
1. Article 11 applicable to the relevant criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply);
1. Suspension of execution under Article 62 (1) of the Criminal Act (including the degree of indecent conduct and the age, character and conduct, environment, motive and circumstances of the crime, etc.);
1. Where a judgment of conviction becomes final and conclusive on the facts constituting a sexual crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before an order to complete a program, the accused is a person subject to registration of personal information under Article 4(1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by December 18, 2012) and Article 42(1) of the Act on Special Cases concerning the Punishment, etc
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 entry, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., the disclosure order or notification order shall be issued to the Defendant.