A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

On August 8, 2018, at around 03:43, the Defendant walked to F Station in front of the E Park that is located in Seongbuk-gu, Sungnam-si, Sungnam-si, by one hand following the victim G (name, n, 22 years old) of the victim G, attached one hand to the left side of the victim, and took another hand to the inside of the victim's hub for sports, and fright the victim's left chest.

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 with regard to G and H;

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify and an order to restrict employment, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the crime in this case alone has a criminal tendency against many unspecified victims;

It is difficult to readily conclude that the registration of personal information of the defendant and participation in the sexual assault treatment program can have an effect on the prevention of recidivism to some extent.

In light of the Defendant’s age, occupation, status, sexual conduct, family relation, social relation, background and method of the instant crime, benefits and preventive effects expected by the disclosure or notification order, employment restriction order, and the expected side effects of the instant case, etc., the reason for sentencing (where there are special circumstances that may not disclose or notify personal information or order employment restriction) - The sentencing guidelines established by the Supreme Court Sentencing Committee for the purpose of applying the sentencing guidelines established by the Supreme Court Sentencing to the type of the instant crime and sentencing factors, the scope of punishment recommended by the Supreme Court Sentencing Committee is not less than one month but not more than one year.