A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, with the Russian nationality, entered Korea on February 3, 2019.

On March 9, 2019, around 03:30 on March 9, 2019, the Defendant: (a) reported the victim D(tentative name) of his nationality, who was a smoking room in the third floor of the Seo-gu Daejeon, Seo-gu, Daejeon; and (b) committed an indecent act with the victim’s her mared once with her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D (alias), E, and F;

1. The application of passports, driver's licenses, immigration status, investigation reports, and statutes on site photographs;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Article 62 (1) of the Criminal Act where he/she acknowledges a mistake about the crime

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the defendant is deemed to have special circumstances in which it is impracticable to expect an effect of preventing recidivism through an order to complete program because an alien is unable to communicate with the Korean language

1. In light of all the circumstances, including the social benefits expected by an employment restriction order, the consequences and expected side effects of a sexual crime, the accused’s status and status of stay, and the suppression of recidivism through immigration disposition, etc., of the Act on the Protection of Children and Juveniles against Sexual Abuse (see, e.g., Supreme Court Decision 201Da1448, Apr. 2, 2011). If a conviction of the accused against the crime committed by a child or juvenile-related institution is confirmed, 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 the accused is obligated to submit personal information