On September 2, 2015, the Defendant: (a) around 18:40 on September 2, 2015, at the bus stops located in Seongdong-gu Seoul Special Metropolitan City, Sungnam-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City), the bus stairs were put in front of the Defendant while he gets off the bus stairs in order to board the parked D community bus.

Accordingly, the defendant committed an indecent act on the victim in a bus which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and E;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

1. Penalty of a fine not exceeding two million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won a day) to attract a workhouse;

1. Article 59 (1) of the Criminal Act (Non-offending of sentence) of the suspended sentence;

When a conviction on a crime that is a sex offense subject to the registration of personal information becomes final and conclusive by agreement with the victim, that the victim does not want the punishment of the defendant, that the defendant is a primary offender and has a mental disorder of class 2 of intellectual disability, and that there is any other character, conduct, family relationship, social relationship, etc. of the defendant), the defendant is subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

However, if a suspended sentence against a defendant is deemed acquitted after two years have elapsed since the judgment of suspended sentence became void after the judgment of suspended sentence became final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (Supreme Court Decision 2014Do3564 Decided November 13, 2014). The defendant's age, occupation, risk of recidivism, motive for and method of the crime in this case, consequence and seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's injury, and the subject of registration that can be achieved therefrom.