Indecent Acts in Action)

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

The probation order shall be issued to the accused, to provide community service for 160 hours and to take lectures in the treatment of sexual assault for 40 hours.

The defendant shall be subject to employment restrictions for each three years at child and juvenile-related institutions, etc. and welfare facilities for disabled persons.

On August 26, 2019, at around 20:56, the Defendant committed an indecent act against the victim by taking the victim’s her sexual organ back to the front 2 line her part, after the victim B (the victim, the female, and the age of 25) in the subway 2 line, which operates the Seoul Southern East-gu Seoul Metropolitan Government 2089, in the middle line 2 line her subway line. By doing so, the Defendant committed an indecent act against the victim on the front line of the public transportation vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Image images of CCTV inside the electric train;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

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 (The following consideration of favorable circumstances among the reasons for sentencing):

1. Probation and community service order;

Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Order to attend lectures;

The main sentence of 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 Welfare of Disabled Persons Act;

In light of the fact that the degree of indecent act in this case’s reason for sentencing is not somewhat weak, and that the Defendant has a record of being sentenced to a fine of one million won for the same kind of crime on July 28, 2011, as well as that there is a record of being sentenced to a suspended sentence of two years on December 22, 2016 and a fine of five million won on June 30, 2017 as a performance and obscenity crime, and there is a significant possibility of criticism that the Defendant committed a sexual crime, and that the Defendant did not receive a letter from the victim and did not endeavor to recover the damage, the Defendant’s criminal liability is not less weak. However, considering that the Defendant’s mistake is recognized and contradictory, the Defendant’s favorable circumstances, such as the Defendant’s age, character, environment, family relations, health conditions, motive and method, circumstances, etc., as well as the record and circumstances of the crime in this case’s order after considering the following circumstances.

A defendant becomes subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when his/her conviction on a crime subject to registration becomes final and conclusive, and is obligated to submit personal information to the head of a related agency pursuant to Article 43 of the same Act.

Disclosure Order, Exemption from Notice Order

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, disclosure order or notification order of the instant crime, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., it is determined that there are special circumstances where the disclosure or notification of personal information may not be made. Thus, an order to disclose or notify the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children