A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

피고인은 2014. 10. 16. 08:07경에서 08:24경 사이에 지하철 1호선 신창발 광운대행 제B전동차 금정-가산디지털단지역 간 운행 중인 지하철 내에서, 피해자 C(여, 21세)의 뒤에 바짝 붙어선 후 그녀의 왼쪽 엉덩이에 자신의 성기를 수회 대고 비볐다.

Accordingly, the defendant committed an indecent act against the victim in the subway, which is a place of public smuggling.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Entry of each protocol of examination of the suspect against the accused in part by the prosecution and the police officer;

1. Statement to C by the police;

1. Eglar photographs and video CDs;

1. An investigation report (verification of the background leading up to the discovery of the scene of a crime by a railroad police officer) [The rejection of evidence acknowledged as having sufficient evidence by causing a suspicion without any reasonable ground is not allowed to deviate from the bounds of the principle of free evaluation of evidence (see Supreme Court Decision 2013Do14656, May 16, 2014). In a case where the statements made by a witness, such as the victim, are mutually consistent and consistent with the facts charged, it shall not be rejected without permission, unless there exist any other evidence objectively deemed objectively reliable and objectively consistent with the facts charged (see Supreme Court Decision 2012Do2631, Jun. 28, 2012). In this case, in light of the victim’s attitude of the statement in the court and the physical strength of the statement and the consistency of the statements made from the investigative agency, the victim’s statement has credibility, and related evidence is supported by the law].

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

1. Selection of imprisonment with prison labor as a matter of choice (the degree and time of indecent conduct, records of the same kind of crime, the fact that the victim did not receive a letter from the victim, and the fact that it is difficult to see that he/she has committed a crime because he/she is consistent with the un

1. The record of the suspended execution of punishment of a fine or heavier punishment under Article 62 (1) of the Criminal Act;