A defendant shall be punished by imprisonment for four 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.

Punishment of the crime

On June 30, 2018, at the “C” restaurant located in Yongcheon-si B around 21:05, the Defendant found that the Defendant drinking alcohol from the table, which is adjacent to the calculation unit of the location, was written in this calculation unit of the victim D (name, leisure, 39 years old) who is a customer, and that the Defendant committed an indecent act by force against the victim by using the victim’s her her her her her her her her her her her her her her her her her her her her her her her her

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of E;

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 reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is that the victim would have caused considerable insult and shame, and that the Defendant did not agree with the victim is disadvantageous circumstances.

However, the defendant is the first offender of the same kind and has no other criminal record other than the previous criminal record due to the driving of drinking, etc. shall be considered in favorable circumstances.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.

When a judgment of conviction is finalized on the facts constituting a sex crime subject to registration and submission of personal information, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act

When considering the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the crime, disclosure, notification and employment restriction order, the degree and anticipated side effects of the Defendant’s disadvantage and anticipated side effects, the preventive effect of the instant crime subject to registration, and the effect of protecting the victims, etc., in a comprehensive manner.