A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

피고인은 2015. 4. 6. 07:44경 부천시 원미구 심곡동 316-2에 있는 지하철 1호선 부천역을 운행하는 전동차 안에서 밀집한 승객들 틈에 서 있던 피해자 C(여, 27세)의 등 뒤에 밀착하여 성기 부분을 피해자의 엉덩이에 비벼댔다.

The Defendant committed an indecent act on the part of the victim on the electric car, which is a means of public transportation, until he arrives in the same route new forest path.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. The video of the crime video CD [the defendant and his defense counsel may have a physical contact with the victim, but it does not have a criminal intent to commit an indecent act. Thus, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, police officers D and E who recognized the crime, who attended this court and sent the defendant to the defendant as a witness (the defendant waiting on the platform was waiting for the platform and the victim was faced with the movement of the victim) and the circumstances leading the defendant to become aware of the indecent act (the other person's name was taken and the other person was immediately before the defendant), etc. In light of the detailedness of the statement, as well as the video of the crime, it can be sufficiently recognized that the defendant's indecent act and its criminal intent can be recognized in accordance with the above statement, and therefore, the defendant and his defense counsel's assertion is without merit.]

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 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by a person attending a lecture is committed by intention and is not good, and the crime is committed by the defendant.