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 2015. 9. 17. 19:00 경 서울 광진구 C에 있는 지하철 7호 선 D 역 장암 방향 승강장에서 앞서가던 피해자 E( 여, 24세) 의 엉덩이를 주먹 쥔 손으로 1회 만졌다.

Accordingly, the defendant committed an indecent act against the victim on the subway platform, which is a place where the public is concentrated.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of CCTV 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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

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 defense counsel asserts that the defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of the crime of this case.

Although the Defendant was in a drunken state at the time of committing the instant crime, in light of various circumstances, such as the background and means of the instant crime, the details of the crime, and the Defendant’s behavior before and after the instant crime, the Defendant cannot be deemed to have had the ability to discern things or to make decisions under the influence of alcohol at the time of committing the instant crime, and thus, the aforementioned assertion by the defense counsel cannot be accepted.

Sentencing.