A defendant shall be punished by imprisonment for six 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

The Defendant, at around 04:30 on May 15, 2020, committed an indecent act by force against the victim’s chests by holding a seat next to the victim D (W, 20 years of age) who singing, sitting up to two “C,” located in B 3rd floor atHanam-si, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. When a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to registration and submission of personal information under the main sentence of 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 submit personal information

In full view of the defendant's age, occupation, risk of recidivism, type of crime in this case, motive, process of crime, anticipated side effects of the defendant's disadvantage due to the disclosure and notification order, prevention of sex crimes subject to registration that can be achieved therefrom, protection of victims, etc., it is judged that there are special circumstances that need not disclose and notify personal information pursuant to the proviso of Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49 (1) and the proviso of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively considering the age, family environment, and social relationship of the defendant exempted from the employment restriction order, records of the crime, the details and motive of the crime, the method and consequence of the crime, the risk of recidivism, the disadvantage of the defendant resulting from the employment restriction order and the preventive effect of the sex crime that can be achieved therefrom, etc.