A defendant shall be punished by imprisonment for four months.

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Punishment of the crime

[criminal history] The Defendant was sentenced to one year of imprisonment by the high military court on June 10, 2014 due to a forced indecent act committed by a soldier, etc., and completed the execution of the sentence on January 9, 2015 at the military prison of the Republic of Korea. On October 13, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for an indecent act committed by the strong branch of the Chuncheon District Court and completed the execution of the sentence in the Seoul Southern District Court on July 9, 2017.

[Criminal facts] On January 1, 2017, the Defendant committed an indecent act by force against the victim in a situation where he is unable to resist, using the gaps in Seoul Southern Prison B located in Geum-ro, Guro-gu, Seoul, Seoul, and the victim C (37 taxes) who was under confinement together with the victim C (37 taxes).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (verification of the previous records and details of the suspect's military unit), each judgment, and application of Acts and subordinate statutes on confinements and certificates;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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 the accused is obligated to submit personal information to the head of the competent police office pursuant to Article 4

The Defendant’s age, occupation, risk of repeating a crime, health condition, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc. shall be comprehensively considered.