A defendant shall be punished by imprisonment for six months.

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

Criminal facts

The defendant is a person working in the security room for the Do apartment in Kimhae-si, and the victim E (the 18-year old age) is a person who resides in the same apartment.

On February 21, 2016, the Defendant: (a) within the guard room of the above apartment on February 21, 2016; (b) confirmed the details of the receipt of the instant apartment; (c) reported the victim intending to return home; and (d) singing the victim with both arms; and (c) continued to commit an indecent act against the victim by using his/her finger hand when he/she became aware of the victim with his/her left arms; and (d) committed an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 16(2) and Article 16(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Order to Attend (the scope of recommended punishment) does not exist in the basic area (six months to two years) (the person subject to special sentencing) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the aforementioned sentence shall be determined by comprehensively taking into account the following factors: six months of imprisonment, the suspension of execution two years (the details and methods of the crime, the degree of conduct, the degree of criminal punishment for the same kind of crime), and the fact that there is no record of criminal punishment for the same kind of crime). Where this judgment becomes final and conclusive, the defendant shall be subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant shall be obligated 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.