A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On October 26, 2016, the Defendant discovered the victim E in the front line of the subway station in the subway station located in Sungnam-si, A around 08:30 on October 26, 2016, and turned on the victim’s right side by left hand at the right side of the victim.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each 112 Report processing statement (the defendant and defense counsel) asserts that the defendant used subway at the time did not have committed an indecent act against the victim, although it was true that the defendant used subway at that time.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, i.e., ① the statement of the witness E, the victim, is consistent with the important part, and credibility is high; ② the victim, after recognizing the fact of his/her conduct, returned out to the right side after recognizing the fact of his/her conduct, and confirmed clearly that the defendant is living together with the victim's left hand; ③ the victim attempted to get out of his/her subway, and reported the crime of this case to 112 after requesting the victim to get out of the subway; ④ the victim reported the crime of this case to the victim for the purpose of harming the Defendant otherwise.

Considering that there is no extenuating circumstance, the above argument between the defendant and his defense counsel is without merit.

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

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Circumstances favorable to the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend: The crime of this case shall be used in a peaceful manner by the public.