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

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

Criminal facts

On August 28, 2014, at around 14:35, the Defendant committed an indecent act against the victim in the electric dong that was located near the entrance in the electric dong of the subway No. 2 in Songpa-gu Seoul, Songpa-gu, Seoul, by means of gathering the sound of the victim one time with the upper floor of the lush.

Summary of Evidence

1. The defendant's partial statement [the defendant and his defense counsel] asserts that although the defendant had a mental and physical disorder and had contact with the victim's drinking while moving in the subway where people live together, the defendant does not intentionally commit such acts by compulsion. The defendant asserts that the defendant did not have committed such acts by compulsion. The following circumstances acknowledged by each evidence, i.e., ① the part where the defendant, who was the defendant with the victim, had contacted the victim with the victim by hand, is a negative part between the victim's hand and the bridge which is not a part of the victim's hand, ② the place where the crime was committed at the time of the crime was committed, ② the defendant's hand was not concentrated, and ③ even if the defendant moved in the middle in the subway where the defendant was concentrated, considering the physical difference between the defendant and the victim's hand, it seems that there was no reason for the defendant to have committed indecent act by compulsion, and thus, the defendant's defense counsel's intention and defense counsel's assertion did not exist.]

1. Statement to C by the police;

1. Application of statutes governing the record of telephone conversations;

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Children or Juveniles who are subject to an order to disclose or notify;