The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

On April 24, 2020, at around 23:42, the Defendant committed an indecent act by force against the victim D (a name, female, 29 years old) who was waiting for a electric vehicle at the subway station C (the outer circulation direction) of the subway No. 2 located in Seongdong-gu Seoul Metropolitan Government on April 24, 2020, waiting for a electric vehicle at the 3-2 platform of the 3-2 platform.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of Acts and subordinate statutes to CD attachment (a CCTV video recorded in the C Station platform);

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Penalty fine of KRW 5,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act of the suspended sentence;

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of new information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which an order to complete a program was not issued (the suspension of sentence is suspended, and no order to complete a program is imposed), 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 the Defendant is obligated to submit personal information to the competent agency pursuant to Article 43(1)

However, in a case where a suspended sentence against a defendant is deemed acquitted after two years have elapsed without the invalidation of the suspended sentence after the judgment on the suspended sentence became final and conclusive, a person subject to registration will be exempted from the obligation to submit personal information as a person subject to registration (see Supreme Court Decision 2014Do3564, Nov. 13, 2014). In full view of all the circumstances, including the Defendant’s age exemption from the disclosure, notification order, and employment restriction order, the type and content of the crime, the process of the crime, the history of the crime, other social benefits expected by the disclosure notification order, the effect expected by the employment restriction order, the prevention of sexual crimes, and the disadvantage and anticipated side effects of the Defendant, the Defendant’s personal information shall be disclosed