A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 22, 2017, at around 23:40, the Defendant: (a) discovered the victim D (n, 32 years of age) who was a mixed person in the neighboring India of Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, 101, and discovered the victim D; (b) opened the victim back to the floor; (c) opened the victim back to the floor; (d) prevented the victim from suffering; and (d) obstructed the victim from suffering a noise by one hand; and (e) led the victim’s chest and sound by another hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The comprehensive CCTV photographs and victim photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Where a conviction on the facts constituting a sexual assault crime subject to registration becomes final and conclusive, as to the registration and submission of new information under Article 62(1)(hereinafter referred to as the following favorable circumstances), 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 the competent agency pursuant to Article 43 of the same Act.

If a defendant is exempted from an order of disclosure or notification of personal information in full consideration of his/her status and residence abroad and all other factors, there are special circumstances that may not disclose personal information pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Therefore, disclosure order or notification order is not an order.

Whether to impose an order to complete a program is difficult to implement the order to complete a program since the foreigner who entered the Republic of Korea as a tourist visa one month prior to the commission of the crime does not have the ability to communicate in Korean.

The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes does not impose orders to complete programs in accordance with the proviso of Article 16(2).