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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 24, 2019, at around 22:30, the Defendant committed an indecent act against the victim within the electric rolling stock vehicle operated from the high speed terminal station of Seoul subway 9 to the Kimpo Airport Station of the Seoul subway 9 located in Seocho-gu Seoul, Seocho-gu, Seoul, on May 24, 2019.
Summary of Evidence
1. Defendant's legal statement;
1. The written statements in C and B;
1. Application of Acts and subordinate statutes to investigation reports ( telephone communications between victims B);
1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;
1. Article 62 (1) of the Criminal Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;
1. Where conviction of the facts constituting a sex offense subject to registration and submission of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) main text of the Act on Welfare of Persons with Disabilities is final and conclusive, the Defendant is a person subject to registration of personal information under Article 43
In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victim, etc., the Defendant’s exemption order of personal information disclosure order or notification order, Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) proviso of the Act on the Protection