A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

On February 16, 2018, at around 05:55, the Defendant was working as an employee at the D convenience store in Songpa-gu Seoul, Songpa-gu C and 1, and was able to use the gap in the victim E (at least 23 years of age) who visited the customer, and was seated back to the victim and write down the victim's right end by hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the victim;

1. Investigation reports (verification of CCTV images at convenience points) and the application of the statutes governing accompanying materials;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Where a conviction against the criminal facts stated in the decision on the registration of personal information under Articles 47(1) and 49(1)2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 50(1)2 and 50(1)2 of the Act on the Protection of Juveniles from Sexual Abuse 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 thus, he/she shall submit personal information to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. The scope of the recommended punishment on the sentencing guidelines [the types of decisions] [the scope of the recommended punishment] and the general standards for sex offenses (subject to at least 13 years) and the mitigated elements of the punishment (special indecent acts by force): In the case where the degree of conduct is weak, [the scope of the recommended punishment] reduced area [the scope of the recommended punishment] reduced area, one month to one year;

3. Determination of sentence: Imprisonment with prison labor for eight months, suspension of execution for two years [ favorable circumstances], and the defendant recognized all of the crimes of this case as well as his depth in this court.

Considering the background of the Defendant’s prosecution and the indecent act method, the criminal intent of the instant crime is relatively short.