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

On February 2, 2016, at around 18:50, the Defendant, after the victim F (V, 24 years old), was sick in the gap of passengers concentrated in subway No. 1 line E in Guro-gu Seoul Metropolitan Government, and the Defendant was pushed off the Defendant’s sexual flag on the part of the victim.

Accordingly, the defendant committed an indecent act against the victim in the means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes to photograph the images;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is that the Defendant committed the instant crime even though he was sentenced to a fine of KRW 2 million for the same type of crime in 2009. The victim’s sexual humiliation and displeasure due to the instant crime appears to be considerable, the victim’s sexual humiliation and displeasure due to the instant crime was not recovered at all, and the victim wanted to punish the Defendant.

However, even though the defendant led to the confession of the crime in the police and denied the crime by the prosecution, considering the favorable circumstances, such as the defendant's age, sexual conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., which led to the time of the crime and reflects against the defendant, and the fact that the defendant has no record of punishment heavier than the suspension of execution, etc., the punishment as ordered shall be determined by taking into account the following factors:

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant shall obtain personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.