Defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

On April 26, 2018, around 14:15, the Defendant committed an indecent act by force on the part of the victim D, a passenger, who was a passenger of the Defendant, at the Busan subway C’s seat 2, which was in operation in the direction of south river located in the Namcheon-gu, Busan, Busan, on April 26, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement made by the victim D in video recording CDs (Evidence Nos. 8);

1. Recording records of the statement;

1. Application of Acts and subordinate statutes to each investigation report (the Nos. 2, 3, 10 of the evidence list);

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The defendant exempted from an order to attend a course under Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, who is an employment restriction order, is the old and suffering from hearing impairment, making it difficult to exert a normal educational effect due to an order to attend a course;

Since it is judged, there are special circumstances in which it is impossible to impose an order to attend a course on the accused pursuant to the proviso of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

The disclosure of personal information shall not be notified in accordance with the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in full consideration of the defendant's age, occupation, risk of recidivism, motive for, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that can be achieved therefrom, the effect of protecting the victim, etc.