피고인은 2015. 3. 5. 08:33경 서울 강남구 삼성2동 143 지하철 2호선 선릉역에서 역삼역 방면으로 운행하는 전동차에서 혼잡한 틈을 이용하여 피해자 C(여, 39세)의 뒤에 붙어 서서 약 2분 동안 성기를 그녀의 엉덩이에 밀착시키고 비볐다.

Accordingly, the defendant committed indecent acts against people in a densely concentrated place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the detention in a workhouse (100,000 won per day);

1. If a conviction on a sex crime subject to registration becomes final and conclusive under Article 59(1) of the Criminal Act (the defendant has no record of punishment at all, the defendant has agreed to do so, the defendant's mistake has been repented, and does not repeat again, and the defendant has lived in good faith until now) of the suspended sentence, 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 the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

Provided, That if it is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence after the judgment of suspension of sentence becomes final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information

(Supreme Court Decision 2014Do3564 Decided November 13, 2014). The Defendant’s age, occupation, risk of recidivism, motive, method of committing the instant crime, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to exemption from the disclosure order or notification order of personal information, and the effect of preventing sexual crimes subject to registration, protection of the victim, etc. are comprehensively considered.