Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

The defendant is a person with a second degree disability.

On June 23, 2016, at around 15:22, the Defendant committed an indecent act against the victim by taking the front of the Defendant’s son E (V, 32 years of age) her face close to his face and smelling around the Defendant’s nose on the lower part of the subway No. 2 located in Gangnam-gu Seoul, Seoul.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant Article on criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, Selection of fines (Consideration and degree of indecent conduct, behavior of indecent conduct, confession of and reflect on crimes, etc.);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. If a conviction on a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to the competent agency pursuant to Article 43 of the same

In full view of the Defendant’s age, occupation, risk of recidivism, motive for and method of the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the prevention of sexual assault crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure order and notification of personal information is determined as special circumstances that may not be disclosed pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.