Text
The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
Defendant
A (the remaining and the age of 25) is a person without a certain occupation, and the victim C (the age of 24) is a deceased person. The Defendant committed an indecent act against the female by force in a way that he finds the victim who is dancing and commits an indecent act within the E point located in Busan Jin-gu, Busan, on May 9, 2018, within the 00:15.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the police statement protocol law to C
1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;
2. Penalty surcharge of 3,000,000 won to be suspended; and
3. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse.
4. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment, and the proviso to Article 49(1) and the proviso to Article 50(1) (proviso), Article 56(1) proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal records, and risk of recidivism; the disclosure order and notification order of this case; the benefits and effects expected by the employment restriction order of this case; and disadvantages and side effects resulting therefrom, there are special circumstances in which the disclosure or notification of the Defendant’s personal information shall not be issued, and the employment restriction order shall not be issued.
[Determination]
5. Where a judgment of conviction becomes final and conclusive on the facts constituting a crime in which a person subject to registration of personal information is required to register and submit new information under Article 59(1) of the Criminal Act (including the absence of any criminal history, the full agreement with the victim, etc.) of the suspended sentence, the Defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the Defendant is obligated to submit personal information to the competent agency
However, two years have elapsed since the judgment of the suspended sentence of this case against the defendant.