The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

On April 4, 2015, the Defendant, at around 23:45, committed an indecent act by force against the victim, by putting the victim’s own hand into a part of the victim E (at the age of 36) who drinks alcoholic beverages together with his/her walk at “D cafeteria” located in Nam-gu Busan Metropolitan City, and putting the victim’s clothes into a part of the victim E (at the age of 36).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

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

1. Where a judgment of conviction is finalized on the criminal facts of this case against a defendant who shall submit personal information under Article 59(1) of the Criminal Act (no same type, reflects, degree of indecent act, agreement, etc., a postponed fine of KRW 1,00,000), the defendant constitutes 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 thus, the defendant is obligated to submit personal information to a competent authority pursuant to Article 43

However, this court shall suspend the sentence of the defendant, and if it is deemed that the defendant is acquitted after two years have elapsed since the decision became final and conclusive, the defendant shall be exempted from the obligation to submit personal information as a person subject to registration.

In full view of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of consequence and crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be achieved therefrom, the preventive effect of sexual crime subject to registration, the effect of protecting the victim, etc., the Defendant shall not disclose and notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.