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

Probation order requester shall be put on probation for three years.

Criminal facts

On November 22, 2006, a summary order of a fine of KRW 7 million was issued at the Cheongju District Court for a crime of violation of the Act on the Punishment of Sexual Crimes, Protection of Victims, etc. (Rape, etc. under 13 years of age). On December 13, 2016, the defendant and a person requesting probation order (hereinafter referred to as "defendant") were sentenced to a suspended sentence of KRW 8 months for a crime of indecent act by force in the Youngcheon District Court Youngcheon District Court's Young-gu branch branch on December 13, 2016.

【Criminal Facts】

On September 8, 2018, at around 01:00, the Defendant reported the Victim C (Woo, 31 years of age) who walked a road in front of the Busan Sin-gu B, Busan, and caused the Defendant to capture his arms to the shoulder of the Victim, put his hand into the part of the Victim, put the Victim into the part of the Victim, and her chest into the part of the Victim, and made indecent act by force on the part of the Victim.

[Fact that constitutes a ground for probation order] The Defendant is a person who commits a sexual crime as stated in the judgment of the lower court and the facts constituting the instant crime and is likely to recommit a sexual crime.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Requests for appraisal;

1. A survey report (as to the analysis ofCCTVs);

1. Investigation report (victim's statement hearing report);

1. A statement on criminal records, etc.;

1. In full view of the following circumstances and the defendant's age, environment, character and conduct, and the circumstances leading to the instant crime, it is recognized that the defendant has the risk of repeating a sex crime, considering the investigation report (the same type of force and the period of suspended execution) [the risk of repeating a sex crime on the market] as indicated in the judgment, and the

① On December 13, 2016, the Defendant was sentenced to imprisonment with prison labor for two years in the Youngcheon District Court’s Young-gu branch for eight months, and even if the said judgment became final and conclusive on December 21, 2016, and was in the period of suspension of execution.