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.

Punishment of the crime

1. The Defendant: (a) around 05:00 on October 26, 2019, the Defendant sent a victim D (n, 23 years of age)’s chests of the victim D (n, 23 years of age) who had avoided tobacco in front of “C” located in the building B of Ansan-si, Ansan-si; and (b) continued to hold the victim on one occasion before the toilets located on the first floor of the said building at around 05:26 on the same day; (c) forced the victim on one occasion at the entrance of the said building.

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

2. On October 26, 2019, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, entered a toilet on the first floor of a building on which the victim reported a melting side according to the victim’s intent to report the victim’s toilet going to the “C” referred to in paragraph (1) at around 05:25, and satisfy the sexual desire.

Accordingly, the Defendant infringed on toilets, which are public use places used by many unspecified persons, for the purpose of meeting his sexual desire.

Summary of Evidence

1. Application of the Acts and subordinate statutes to CCTV closure photographs to the police protocol on the defendant's legal statement D;

1. Article 298 of the Criminal Act applicable to the crime, the choice of punishment, Article 298 of the Criminal Act, Article 12 of the former 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, respectively.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) of the Act on Welfare of Persons with Disabilities.