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A defendant shall be punished by imprisonment for not less than eight 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 October 15, 2016, the Defendant, at around 20:35, 2016, drinked with drinking at “E” at “E,” operated by the victim D (n, 24 years of age) located in Seongbuk-gu Seoul Metropolitan Government, and her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers her her her
Accordingly, the Defendant committed an indecent act on the part of the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 [the order to disclose or notify the registered information may have a significant impact on the defendant, so prudentis is necessary.
The crime of this case is not a sexual crime against many unspecified persons; the defendant has no criminal record of the same sex crime; in this case, the defendant has the effect of preventing the recidivism of the defendant through the registration of personal information of the defendant and taking lectures to treat sexual assault.
In light of the overall circumstances, such as the Defendant’s age, sex, family environment, and social relationship, there are special circumstances that may not disclose or notify the Defendant’s personal information, such as the fact that the disclosure or notification order would be relatively less than the disadvantages and anticipated side effects that the Defendant would suffer, compared to the disadvantages and side effects that the Defendant would suffer, and the prevention effects, etc. of sexual crimes that could be achieved thereby
[Judgment]
Reasons for sentencing
1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;
2. The sentencing criteria; and