A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On August 19, 2015, around 03:52, the Defendant: (a) asked the victim D (one person, two-year old age) who was seated in Gwangju North-gu Seoul building, whether he was fine; and (b) when the victim judged that he was drunk, the Defendant committed an indecent act by forcing the victim by inserting his fingers into the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to D;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Where a conviction on a sex offense subject to the registration of personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is confirmed, 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 the accused is obligated to submit personal information to the head of a competent police agency

In light of the Defendant’s age to be exempted from the disclosure order or notification order, records of the crime, contents and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, the prevention and effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the court shall not issue an order to disclose or notify personal information to the Defendant 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 of Children and Juveniles against Sexual Abuse.

Reasons for sentencing

1. Scope of recommendations on the sentencing guidelines: Imprisonment for six months or more to two years, crimes of indecent act by compulsion (subject to the age of 13 or more), first category, and basic field;

2. Specific sentencing.