Indecent Acts in Action)

To order the defendant to complete the sexual assault treatment program for 40 hours.

In order to order the provisional payment of an amount equivalent to the above fine.

1. On August 27, 2019, around 09:10 on August 27, 2019, the Defendant met the part of the victim by making 3 to 5 the Defendant’s damage, etc. inside the electric trains in the subway line B stations located in Seoul Special Metropolitan City, which are operating in the C Station from the subway line B stations to the C Station.

2. 피고인은 같은 일시, 장소에서, 자신의 우측에 서 있는 성명불상의 피해자(여, 20대 추정)의 음부에 주먹을 쥔 자신의 오른손을 대는 방법으로 피해자의 음부를 만졌다. 이로써 피고인은 공중이 밀집하는 장소인 위 전동차 안에서 피해자들을 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (limited to images scopic by control police officers and to the closure photographs thereof);

1. A report on investigation;

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. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Act

1. Invitation of a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order to complete programs;

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

1. Order of provisional payment;

When a conviction on a crime in the judgment that constitutes a sex crime subject to registration becomes final and conclusive under Article 334(1) of the Criminal Procedure Act, 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 head of a related agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of recidivism, motive for the instant crime, method of crime, seriousness of the consequence and crime, disclosure and notification, employment restriction order, etc., the degree and expected side effects of the Defendant’s disadvantage and expected side effects to be achieved therefrom, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., it is determined that the Defendant shall not 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, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 59-3(1) of the Welfare of Disabled Persons Act, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities, etc.,