A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

On May 14, 2015, the Defendant: (a) around 12:10 on May 14, 2015, the Defendant reported that the victim D (the age of 18) was seated in his front seat at the time when the said bus passed around the Sungsan Central bus that was operated by Seocheon-si to 1, Jongno-gu Seoul Metropolitan City, and that he was able to commit an indecent act against the victim; (b) laid down his hand on two occasions at the left side of the victim’s seat.

Accordingly, the defendant committed an indecent act on the victim in a bus which is a means of public transportation.

On June 5, 2016, the Defendant: (a) around 17:25, 2016, the Defendant: (b) operated within the e-city bus operated from Ansan-si to the new village train station located in Seodaemun-gu Seoul, Seoul, for the time when the said bus passed around the subway 2 line quarantine area, and (c) the victim F (V, 39 years old) was seated in his front seat; (d) the victim F (V, 39 years old) was able to commit an indecent act against the victim; and (d) the victim’s finger was flick with his hand by inserting the flick.

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

Summary of Evidence

"2015 Gohap35"

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. H’s written statement “2016,389;

1. Defendant's legal statement;

1. A written statement;

1. Application of the Acts and subordinate statutes governing crimes;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes with the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against D with a heavier penalty];

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

1. Determination on a request for attachment order under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as “the Act on Special Cases concerning the Protection of Children and Juveniles against Sexual Abuse”).