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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 20, 2019, at around 19:17, the Defendant committed an indecent act against the victim by approaching the victim’s sexual flag to the rear of 1st subway train No. 5-2, and the victim’s B (n, 49 years old).
Accordingly, the defendant committed indecent acts against the victim in means of public transportation.
Summary of Evidence
1. Defendant's legal statement;
1. Application of B’s written laws and regulations;
1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;
1. Article 62 (1) of the Criminal Act;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Where a conviction becomes final and conclusive on the facts constituting an offense subject to the registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus
In full view of the Defendant’s age, power, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree and expected side effects of a sexual crime subject to registration to be achieved due to an order of disclosure or notification, the preventive effect and effect of the victim protection, etc. of the Defendant’s exemption from the disclosure or notification order, it is determined that there are special circumstances that may not disclose or notify personal information to the Defendant. Thus, the Defendant is not ordered to disclose or 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 of Children and Juveniles against Sexual Abuse.