A defendant shall be punished by imprisonment for not less than five 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

On April 14, 2016, from around 18:35 to 18:47 the same day, the Defendant started from the high speed terminal station of the subway No. 9 located in Seocho-gu Seoul, Seocho-gu, Seoul, with the distribution of new information, and was pushed down after the victim B (V, 30 years of age) who was located in the crepan in the crepan of the previous vehicle that was in the direction of influence, and was pushed down by the Defendant’s sexual intercourse over about 12 minutes.

Accordingly, the Defendant committed indecent act against the victim in a densely concentrated public place.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is as follows: (a) when a person commits an indecent act against a female in a subway and is arrested and investigated by him/her on February 5, 2016, the same type of crime was committed; (b) when a person is accused of committing an indecent act against a female in a subway, he/she is under the obligation to submit personal information to the competent agency pursuant to Article 43 of the same Act, unless he/she is punished by a fine due to the said indecent act not agreed with the victim; and (c) the confession and depth reflect on the crime committed against a female who has no record of the suspended sentence or heavier; and (d) other criminal facts in the judgment, which are subject to registration of personal information in consideration of the criminal age, sex, occupation, family relationship, and the circumstances after the crime, becomes final and conclusive.

The age, occupation, risk of recidivism, motive for committing a crime, progress, seriousness of a crime, the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure order or notification order, and the resulting side effects may be achieved.