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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the captain of the "D" disciplinary house located in Busan Seo-gu C, and the victim E (the age of 22) is the employee of the above preliminary house.
At around 03:00 on March 2, 2014, the Defendant: (a) parked a vehicle on the Defendant’s vehicle to the front side of the victim’s residence located in Busan Sho-gu and stopped the vehicle; (b) placed the victim under the pretext of sending the victim under the influence of alcohol along with the victim, etc.; (c) placed the victim’s chest into the victim’s entrance; and (d) placed the victim’s chest into the victim’s entrance; and (d) bread the victim’s chest into the victim’s entrance; and (e) committed an indecent act against the victim under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statement to E;
1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;
1. Article 62 (1) of the Criminal Act;
1. Where a conviction becomes final and conclusive with respect to a crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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 is obligated to submit personal information
In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of the protection of the victim, etc., the disclosure order or notification order is determined to be a special circumstance that may not disclose and notify personal information pursuant to the 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.