A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

(e).

Punishment of the crime

On June 14, 2016, the Defendant was sentenced to a suspended sentence of ten months of imprisonment due to an indecent act, etc. in the Changwon District Court’s Jinju branch, and on June 22, 2016, the said judgment became final and conclusive and is still under the suspended sentence.

On November 19, 2016, the Defendant: (a) around 23:10, Sacheon-si, the Defendant: (b) 10X-dong C Apartment 70X-dong 70X-dong; (c) her talked with the victim within a room in the residence of the victim D (V, 73 years of age) who was aware of his or her intention; (d) her talked with the victim; (c) her talked with his or her chest, and her talked with him or her, thereby committing an indecent act by force.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes concerning investigation reports (on-site situations, etc.), and the handling of reported cases under the 112 Table;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. There are special circumstances in which the disclosure of personal information may not be disclosed in light of the Defendant’s age exemption from the disclosure order and notification order under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order; the type, motive, process, seriousness of the crime in this case; the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order; the effect of the sexual crime subject to registration that may be achieved due to such order; the effect of the protection of the victim; etc.

As such, an order to disclose or notify the accused is not issued pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and 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.

Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted, the defendant is a person 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 such person is subject to registration.