A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

[criminal records] Defendant and a person who requested an attachment order (hereinafter “Defendant”) are currently under probation, for whom the judgment became final and conclusive on July 14, 2017, on July 6, 2017, after being sentenced to three years of probation for two years of imprisonment due to the crime of attracting sexual intercourse at the Seoul Western District Court.

[2] On May 16, 2018, around 05:10 on May 16, 2018, the Defendant discovered the victim D (the victim’s age 42, and Kazakh's nationality) who sited in a long-distance way in front of the “C” located in Mapo-gu Seoul Metropolitan Government, and met the victim’s bridge, her turb, etc., and continued to be “A,” and the victim’s turb, etc. was able to escape or interfered with the Defendant.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Statements made by witnesses D in the second public trial records;

1. Statement made by the police for E;

1. 112 A list of reported cases;

1. CCTV data CDs;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (verification of facts under the period of probation and filing of related copies of judgment);

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and an order of notification order, 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 Defendant’s sentence and enforcement are expected to have an effect of preventing recidivism, and the Defendant’s age, environment, social relationship, risk of recidivism, risk of recidivism, characteristics of the instant crime, content of the instant crime, disclosure order or notification order, and the protection of the victims.