A defendant shall be punished by imprisonment for 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 September 6, 2014, at Eunpyeong-gu Seoul Metropolitan Government around 00:28, the Defendant discovered that the victim D (here, 32 years of age) is standing in front of the crosswalk, resulting in sexual desire, and committed an indecent act on the part of the victim by forcing him/her to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of E;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Social Service Order and the main sentence of Article 62-2 (1) and (2) of the Criminal Act

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Where a conviction becomes final and conclusive with respect to a crime of indecent act by compulsion on the register of personal information in accordance with Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the Defendant is obligated to submit personal information to a competent agency pursuant to Article

Reasons for sentencing

1. Not more than 10 years of imprisonment with prison labor for the scope of punishment by law;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] the category 1 (general mitigations) (general indecent acts by compulsion), where the exercise of tangible force is considerably weak, where the degree of indecent acts is weak, the non-compliance with the punishment [the scope of recommending punishment] mitigated area (one year or less);

3. The Defendant, who was sentenced to suspended sentence due to the crime of indecent act by compulsion, committed the instant crime even though he had the record of being sentenced to suspended sentence.

However, the crime of this case is committed contingent, and the degree of exercise of tangible power or indecent act is weak, and the defendant is seriously against the crime of this case.