The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The Defendant, around 15:40 on October 18, 2019, followed the victim C (here, 35 years of age) who was arranging a cart in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, followed the victim C (here, 35 years of age), and caused the victim's her son, etc.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (the analysis of CCTV screen images);

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

1. Penalty fine of KRW 5,000,000 to be suspended;

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

1. Where a conviction becomes final and conclusive as to a crime subject to registration of personal information and a sex offense subject to registration under Article 59(1) of the Criminal Act (including the fact that the criminal conduct is divided and seriously reflected, the victim does not want the punishment of the defendant, and the defendant does not have any criminal records) of the suspended sentence, 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 the defendant is obligated to submit personal information to the competent agency pursuant to Article 43(1) of the same Act.

However, if a suspended sentence against a defendant is deemed acquitted after two years have elapsed since the judgment of suspended sentence became void after the judgment of suspended sentence becomes final and conclusive, a person subject to registration is exempted from the obligation to submit personal information as a person subject to registration (see Supreme Court Decision 2014Do3564, Nov. 13, 2014). In light of the Defendant’s age exemption from disclosure and notification order, recidivism risk, motive of the instant crime, details and result of the instant crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s suffering from disclosure or notification order, prevention of sex crimes that may be achieved therefrom, and effects of protecting the victims, etc., Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.