A defendant shall be punished by imprisonment with prison labor for up to six 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 17, 2014, at around 00:03, the Defendant discovered that the elevator and the victim D (the age of 28) in return to the Defendant was opening up and entering the entrance entrance of 106 dong-gu Seoul apartment house 106-dong, Ulsan-gu, Incheon-gu, 106 underground floors 2-4, and entered the entrance, followed by the victim, and then the female was on board the elevator, and committed self-defense, such as shaking the victim’s sexual organ by driving the victim’s sexual organ toward the elevator.

The Defendant continued to commit an indecent act by force on the part of the victim, by repeatedly blocking the above self-defensive act twice to prevent the elevator door from being closed by hand, and by repeatedly committing the above-defensive act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV analysis, photographs taken at each stage of crime), investigation report (a photographics at the time of arrest of a suspect);

1. Article 245 of the Criminal Act applicable to the crimes and Article 245 of the Election of Imprisonment;

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

1. Where a conviction becomes final and conclusive on the criminal facts subject to the registration of personal information under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 is obligated to submit personal information to the head of a competent police office

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, 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 or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered.