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A defendant shall be punished by imprisonment with prison labor for up to six 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 29, 2019, around 17:15, the Defendant discovered the victim C (n, 28 years old), an airline employee, who was in the course of boarding, in front of the Kimhae International Airport B boarding port located in 108, the access road of Gangseo-gu, Busan. On April 29, 2019.
Accordingly, the Defendant committed an indecent act on the part of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Written statements of D;
1. Application of the Acts and subordinate statutes governing the investigation report (CCTV image attachment);
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. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a course (the defendant is difficult to expect effects of the sexual assault therapy as an alien who is not in Korean at all);
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, occupation, risk of repeating a crime, type and motive of the crime in this case, type of the crime in this case, process, disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's entry due to the crime in this case, the prevention of sex crimes subject to registration that may be achieved due to such order, and the effect of protecting the victims, etc
1. Where a conviction becomes final and conclusive on the criminal facts stated in the judgment on the registration of personal information of a child or juvenile subject to employment restriction pursuant to the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes,
Reasons for sentencing
1. Legal provisions;