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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 30, 2020, at around 17:15, the Defendant committed an indecent act against the victim in a bus, which is a means of public transportation, by putting in a C-V bus operated in the direction of notifying the Jin Park in front of the bus stops in Jongno-gu Seoul, Jongno-gu B building, and putting in the C-V bus after the victim D (n, 35 years of age).
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to report internal history on D’s statement (to attachCCTV images) to D;
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Criminal Crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment; the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 56(1) of the Welfare of Persons with Disabilities Act; and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (only only with the registration of personal information and the lectures to treat sexual assault may prevent recidivism to a certain extent;
In addition to the fact that the defendant's age, family environment, family relationship, social relationship, relationship with the victim, the process and consequence of the crime in this case, the prevention of sexual crimes that can be achieved through the disclosure and notification order, the effect of the protection of the victim, and the degree of disadvantage and anticipated side effects of the defendant's disadvantage, there are special circumstances in which the defendant's personal information may not be disclosed or notified or the defendant's employment restriction may not be ordered to children, juvenile-related institutions, etc. and welfare facilities for the disabled.
If a conviction on the criminal facts in the judgment of the court below is finalized, the defendant shall be subject to the Act on Special Cases concerning the Punishment of Sexual Crimes.