A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 30, 2016, around 00:05, the Defendant committed an indecent act by force against the victim, on the following side of the victim E (here, 25 years of age) waiting to move into the said toilet in front of the first floor of the building D in Seongbuk-gu, Changwon-si, Sungwon-si, Sungwon-si, Seoul.

Summary of Evidence

Witness

The application of laws and regulations on prosecutor's and police statements protocol E, F, and G's statutory statements E

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the crime. Article 298 (Selection of Punishment of Imprisonment);

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. The community service order under Article 62-2 of the Criminal Act;

4. 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 does not require serious apology or damage while denying the crime, and the victim is trying to punish the Defendant under the unfavorable circumstances, the degree of conduct is not much severe, and the Defendant shall be determined as the same as the order, taking into account the favorable circumstances in which the Defendant is the initial offender.

Where a conviction against a defendant who has registered personal information becomes final and conclusive, the defendant shall be subject to the registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and shall be obliged to submit personal information to the head of the police office having jurisdiction over his/her domicile pursuant to Article 43 (1) of the same Act.

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that there are special circumstances that may not disclose personal information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the order for disclosure or notification of personal information is not issued.