The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

In the state that the Defendant, on April 12, 2016, was unable to discern things or make decisions due to dementia, and around 10:40 on April 12, 2016, the Defendant committed an indecent act against the victim by putting his hand in the right side of the victim C (V) within subway 7, subway 407, which passed the 407-ro Myeon-ro Myeon-gu Seoul Central District, with the victim’s neck.

Summary of Evidence

1. Statement made by the police against the victim;

1. Application of Acts and subordinate statutes to written statements;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

1. A fine of 1.5 million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won a day) to attract a workhouse;

1. If a conviction on a sex crime subject to registration of personal information becomes final and conclusive under Article 59(1) of the Criminal Act (the fact that the defendant has very weak ability to discern things or make decisions to the extent that it is impossible for him/her to properly live a daily life due to dementia, and that is a sex crime subject to registration of personal information, 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 is obligated to submit personal information to a competent agency pursuant to Article 43 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 became final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (Supreme Court Decision 2014Do3564 Decided November 13, 2014). The defendant's age, occupation, risk of recidivism, motive of the crime in this case, method of crime, consequence and seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's injury, which can be achieved by such order.