A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On April 2, 2017, the Defendant, at around 20:20, committed an indecent act by force against the victim’s her son from behind the victim D (V, 22 years of age), while drinking alcohol in front of the C marina located in Busan Jung-gu, Busan, and drinking alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (to attachCCTV video images);

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

2. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is no criminal record, other than the punishment, and the fact that he/she is against the punishment);

3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a course;

4. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and effects expected due to the instant disclosure order and notification order, disadvantage and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

In a case where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of new information, 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, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.