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A defendant shall be punished by imprisonment for 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 October 20, 2019, around 03:37, the Defendant committed an indecent act against the victim at the second floor of “C” located in the Namdong-gu Incheon Metropolitan City, the second floor of “C”, and at the second floor of “C”, the victim D (the age of 21) who locked out in the same place, with her hand floor, and at the soup bank, the air bed.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes on investigation reporting to each photograph of the D Statements;
1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and the choice of imprisonment with prison labor, the choice of a criminal defendant
1. If a conviction on a sex crime subject to registration and submission of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 62(1) and Article 16(2) main sentence of Article 16(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 56(1) main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities 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,
In full view of the defendant's age, occupation, risk of recidivism, type of crime in this case, motive, process of crime, anticipated side effects of the defendant's disadvantage due to the disclosure and notification order, prevention of sex crimes subject to registration that can be achieved therefrom, protection of victims, etc., it is judged that there are special circumstances that need not disclose and notify personal information pursuant to the proviso of Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49 (1) and the proviso of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
The reason for sentencing is that the defendant committed a crime against a victim who has no awareness of being subject to punishment, and the victim is a big victim due to the crime of this case.