Indecent Acts in Action)

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

An order the accused to take a lecture for sexual assault treatment for 40 hours.

For the accused, an employment restriction shall be issued to the child and juvenile-related institutions, etc. and welfare facilities for the disabled for three years.

피고인은 2019. 8. 19. 17:30. 서울 강남구 B, 9호선 C역에서 김포공항 방면 전동차에 승차하면서 피해자 D(가명)의 엉덩이에 성기를 밀착하였다. 이후 전동차 안에서 피해자의 엉덩이에 성기를 밀착했다 뗐다 하는 행위를 반복하였다. 이로써 피고인은 공중이 밀집한 전동차 안에서 피해자를 추행하였다.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Statement made to D by the police;

1. Voluntary report;

1. Chapter 1 of CD 1. [In addition to the fact that the defendant alleged that there was no physical contact with the victim and denies the crime, however, the victim's statement about the circumstances of damage is reliable as the victim's statement is specific and consistent, the situation within the subway train prior to the subway is consistent with the victim's statement, and the victim's statement made by the witness police officer E is also consistent with the victim's statement, and the victim's statement made to the right side of the handbag which the victim had hickly hickly hick off due to the defendant's indecent act, the fact that the defendant committed an indecent act against the victim'

1. Article applicable to criminal facts;

Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Order to attend lectures;

Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Disabled Persons.

The reason for sentencing is that the defendant was punished once by a fine due to the suspicion of indecent act in the public place, and that this case is not good that the defendant committed indecent act in the manner that the victim's body is closely aware of his sexual organ within subway prior to the subway, and that the defendant did not receive a letter from the victim.

The sentencing conditions prescribed in Article 51 of the Criminal Act, such as the health condition of the defendant, age, character and conduct, environment, motive and result of the crime, etc., shall be determined as the same as the order.

When a conviction is finalized with respect to a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act at Open Place) in a judgment which is a sex offense subject to registration, the accused 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 the competent agency

Disclosure Order and Exemption from Notice Order

In light of the Defendant’s age, occupation, risk of recidivism, motive for, method of crime, seriousness of consequence and crime, disclosure order or notification order, anticipated side effects and expected side effects to be achieved therefrom, preventive effect of sexual crime subject to registration, effect on the protection of victims, etc., the Defendant shall not be ordered to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the Defendant shall not be ordered to disclose or notify personal information.