피고인은 2017. 2. 28. 17:50 경 서울 서초구 신반포로 188에 있는 지하철 9호 선 고속 터미널 역에서 동작 역을 향하는 전동차 안에서 피해자 C( 여, 24세) 의 뒤에 바짝 붙어서 피고인의 성기를 그녀의 둔부에 밀착시켜 비비고, 피해자 D( 여, 25세) 의 등 뒤에 바짝 붙어 서서 피고인의 성기를 그녀의 둔부에 밀착시켜 비볐다.

Accordingly, the defendant committed an indecent act against victims in the subway which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. A fine of two million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence (the first offender who has no record of punishment for the defendant's age as a prospective trainee for employment, the facts charged are recognized and reflected, the victim paid KRW 5 million to one of the victims and agreed to do so, and other facts of the crime which is a sex offense subject to registration and obligation to submit personal information, are determined to have been convicted, and the defendant is obligated to submit personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, since the conviction of the crime subject to registration becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 43 of the same Act.

However, if a suspended sentence against a defendant is deemed to be acquitted after two years have elapsed since the judgment of suspended sentence became void, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration (see Supreme Court Decision 2014Do3564, Nov. 13, 2014). An order to disclose information and an order to notify information shall be exempted.