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A defendant shall be punished by imprisonment for nine months.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
[criminal history] On August 16, 2018, the Defendant was sentenced to six months of imprisonment with labor for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crows) at the Suwon Flag method Board, and completed the execution of the above punishment on October 29, 2018.
[2] On June 19, 2020, around 19:35, the Defendant committed an indecent act against the victim in any means of public transportation by putting the Defendant’s sexual organ on the 40-party female victim’s her mare located in front of the Defendant in the nameless 40-party female victim’s mare located in the front of the Defendant within the subway 9-line Kim Jong-dong, Kim Jong-dong, who served as salt hold in the 631 Station of the Sinsan Station located at the airport of Gangseo-gu Seoul Metropolitan Government.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Each internal investigation report (verification of CCTV images in the 9-line salt farm, and verification of the victim's seat);
1. Previous convictions in judgment: Application of inquiry of criminal history and investigation reports (Attachment to the previous judgment, etc.) Acts and subordinate statutes;
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 35 of the Criminal Act for aggravated repeated crimes;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Where a conviction becomes final and conclusive on the facts constituting an offense subject to the registration and submission of personal information under Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to a competent agency pursuant to Article 43
The defendant's age, record, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration, and the effect of protecting the victim.