A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On December 15, 2019, around 23:30 on December 23:30, 2019, the Defendant discovered the victim D (n, 59 years of age) who was divingd on the side of the central pole, and committed an indecent act against the victim by using the victim's mental and physical loss or resistance impossibility.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on internal investigation (an investigation, etc. against a suspect) in each legal statement of D and E, and on-site CCTV (this does not believe the defendant's assertion that he/she was aware of being a female student who knows the victim);

Application of Statutes

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

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

1. There are special circumstances in which the order to attend a course is not possible, as the defendant is a Grade III disability in the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the order to attend a course;

order of education shall not be issued in respect of such order.

Where a conviction against a defendant is finalized in relation to the criminal facts stated in the ruling to register and submit new information, 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 is obligated to submit personal information to a related agency pursuant to Article 43 of the same

In full view of the following circumstances: (a) the Defendant has no record of criminal punishment due to a sex offense exempt from disclosure notification and employment restriction order; and (b) the Defendant’s age, the background and consequence of the instant crime; (c) the social benefits expected by the disclosure notification order and employment restriction order; and (d) the effect of preventing sexual crimes; and (e) the disadvantages and anticipated side effects of the Defendant therefrom; and (b) comprehensively, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (c) the proviso to Article 49(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse; and (d) the Welfare of the Disabled Act.