A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

피고인은 2019. 6. 7. 23:15경 서울 강남구 B에 있는 C 앞 ‘지하철 2호선 D역’ 버스정류장에서 출발하여 수원시 영통구 E에 있는 F까지 운행하는 G H I 2층 광역버스에 탑승하여, 2층 앞에서 5번째 좌측 창가 쪽에 앉아있는 피해자 J의 옆자리에 앉아 팔짱을 낀 상태로 왼팔 겨드랑이 사이로 집어넣은 오른손으로 피해자의 우측 가슴을 더듬어 만졌다.

Accordingly, the defendant committed indecent acts against the victim in the means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Application of Acts and subordinate statutes to report internal investigation (the inspection of CCTVs for the purpose of identifying the person under suspicion);

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. According to the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the punishment shall be determined as ordered by comprehensively taking into account the following circumstances and various conditions of sentencing as indicated in the instant records and arguments, including the age, character and conduct, family relationship, motive and means of the crime, and circumstances

The favorable circumstances: The defendant's act is against the victim's physical condition and the method of indecent act, etc. committed by him/her; there is no evidence to deem that he/she had the same criminal records; he/she did not have been used by the victim; and there is no evidence to deem that he/she made a serious effort to register and submit personal information; the defendant becomes a person subject to registration of personal information under the main sentence of Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes upon conviction of the crime of this case.