A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

【Criminal Records of Crimes】 On November 27, 2014, the Defendant was sentenced to two years and six months of imprisonment and five years of attachment of an electronic device for tracking location at Seoul High Court, and completed the execution of the above punishment on December 2, 2016.

【Criminal facts】 On August 20, 2017, the Defendant discovered that the Defendant was waiting for the victim’s D (the victim’s name, leisure, 18 years old)’s pedestrian signals on the road in front of the crosswalk located in Sinscing C, at around 16:56, and that the Defendant committed an indecent act against the victim in a way that the victim’s right knifts the victim’s face by approaching the victim’s back to the victim’s left hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against D (tentative name) and E;

1. An on-site investigation report (verification of CCTVs for crime prevention);

1. Previous convictions: Application of investigation reports (personal history of sex offenses against defendants), inquiry reports, criminal history, and other Acts and subordinate statutes, and investigation reports (reports on attachment of criminal records on sex offenses against defendants);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse; Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. A repeated offender of the same kind who does not fall under the aggravated area (one year and six months to three years) (special aggravated person) in the area of aggravation (one year and six years from June to three years), according to the general criteria for the sentencing guidelines (the scope of recommended punishment).

2. In full view of the following circumstances as well as various circumstances, including the Defendant’s age, sex, career, home environment, motive and means of committing a crime, and the circumstances that constitute the sentencing conditions set forth in the argument of this case, the Supreme Court’s sentencing guidelines set forth in the sentencing guidelines of the Sentencing Committee, and the sentence is set as ordered.