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

피고인은 2016. 5. 16. 08:16 경 서울 성북구 동소 문로 248에 있는 길 음역에서 동대문 역사 문화공원 역 구간 사이 지하철 4호 선 사당 행 전동차 안에서 피해자 B( 여, 25세) 의 뒤에 서서 피고인의 몸을 피해자에게 밀착시킨 후 피고인의 성기를 피해 자의 엉덩이에 대고 약 11분 간 비벼댔다.

Accordingly, the defendant committed an indecent act against the victim in the previous vehicle where the public is concentrated.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of criminal video CD-related Acts and subordinate statutes;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Criminal Crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to attend a lecture or an order to provide community service;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The reason for sentencing is determined by comprehensively taking account of the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- The Defendant is guilty of having been sentenced to two years of suspended sentence in 197 due to the crimes of imprisonment with prison labor for up to 8 months, and of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof in 2005, and of eight years of suspended sentence in 198.