Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

피고인은 2016. 6. 3. 19:10경 서울 서초구 B에 있는 지하철 9호선 C역 부근을 운행 중인 전동차 안에서 밀집한 승객들 틈에 서 있던 피해자 D(여, 26세)의 등 뒤편에 선 채로 자신의 성기 부위가 피해자의 엉덩이 부위에 닿게 되자 약 30초 가량 자신의 성기를 피해자의 엉덩이 부위에 비볐다.

Accordingly, the defendant committed an indecent act against the victim in the electric car, which is a place of public secrecy.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article on criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, and Selection of a fine (including the first offender, the confession of a crime, and the depth of a fine);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. If a conviction on a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant 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 obliged to submit personal information to the competent agency pursuant to Article 43 of the same

In full view of the Defendant’s age, occupation, risk of recidivism, motive for and method of the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the prevention of sexual assault crimes subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure order and notification of personal information under 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) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse is determined to have special circumstances that may not be disclosed and notified.