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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a foreigner of the nationality of Russia (U.S.) who is not aware of the victim D (L. 29 years of age).
On May 27, 2018, at around 04:20 on May 27, 2018, the Defendant forced the victim to commit an indecent act because of the net loss of the victim crossings with the victim, who was walking along a road before the "F hotel" in Yongsan-gu Seoul Metropolitan City E-gu.
Summary of Evidence
1. Legal statement of the witness D;
1. Statement made by the police against D;
1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;
1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the defendant is an alien of Russian nationality, and is difficult to expect the effect of preventing recidivism through order to complete program because communication with Korean language is not smooth, and there are special circumstances in which order to complete program cannot
In light of the following: (a) the Defendant’s nationality to be exempted from the disclosure order, notification order, and restriction on employment; (b) the details and motive of the Defendant’s entry; (c) the method and consequence of the crime; (d) seriousness of recidivism; (c) the degree and anticipated side effects of the Defendant’s disadvantage and side effects; (d) the preventive effect of the sexual crime subject to registration that may be achieved; and (e) the effect of the protection of the victim, there are special circumstances under which the Defendant may not disclose or place employment
Since it is determined, an order of disclosure, notification and employment restriction order shall not be issued to the defendant.
When a conviction on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, 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 Article 43 of the same