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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 26, 2017, the Defendant committed an indecent act by force on the part of the victim E (n, 46 years of age) working in the pool-gun of Incheon City on June 14:10, in a restaurant where the victim E (n, n, e.g., f., the 46 years of age), after completing meals, and the part, such as the victim, etc., who was under the process of arranging the table, was written once as the part of the lower part.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution and the police concerning E;
1. Application of Acts and subordinate statutes to report the occurrence of cases subject to forced indecent conduct;
1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The community service order under Article 62-2 of the Criminal Act;
1. Where a conviction against a defendant is finalized with respect to a crime of indecent conduct in the judgment that is a sex offense subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant 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 defendant is obligated to submit personal information to a related agency pursuant to Article 43
In comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., there are special circumstances in which the Defendant may not disclose 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 Juveniles against Sexual Abuse.
Since it is judged, no order of disclosure or notification shall be issued to the defendant.
The reason for the sentencing [the scope of the recommended punishment] is the crime of forced indecent act (13 years or more).