Indecent Acts in Action)

Attorney Kang Jin-hun, 00, 100, 100,000 won, 100,000 won,

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

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 persons with disabilities for five years.

On September 27, 2019, around 08:07, the Defendant committed an indecent act on the part of the victim B (a) who was suffering from the gap of passengers concentrated in the subway 2 line in the front line of subway lines in Seoul Special Metropolitan City located in the Seoul Special Metropolitan City (around September 27, 2019), following the victim B (around 2, 32 years of age).

Accordingly, the defendant committed an indecent act against the victim in the former vehicle which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Application of Gaguri photographs, CD-related Acts and subordinate statutes

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 Welfare of Disabled Persons Act;

The reason for sentencing is that the defendant is subject to suspension of indictment on the condition of completion of education due to the same crime, has a record of being punished once a fine, and that it is not good that the defendant commits an indecent act against the victim in the previous vehicle.

However, it is somewhat advantageous that the defendant is fully aware of and against the crime, and that the victim is not willing to punish the defendant by agreement with the victim.

In light of these circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive and consequence of the crime, the circumstances after the crime, etc., the sentence like the order shall be sentenced.

Duties to register and submit personal information;

Where a conviction on a criminal facts against a defendant becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to 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 authority pursuant to Article 43

Exemption from Information Disclosure Order or Notice Order

Article 47(1) and Article 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 and Juveniles against Sexual Abuse shall not issue an disclosure order or notification order to the accused, comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime, the degree of disadvantage the accused is affected by the disclosure order or notification order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victim, etc.