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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2016. 6. 27. 07:52경 서울 관악구 남부순환로 1822에 있는 지하철 2호선 서울대입구역 방면에서 서울 동작구 남부순환로 지하 2089에 있는 지하철 2호선 사당역 방면으로 운행하는 전동차 안에서 피해자 B(여, 28세)의 오른쪽 엉덩이 부위에 자신의 성기 부위가 닿게 되자 성적 흥분을 느낀 나머지 피해자가 이를 피하여 앞으로 움직였음에도 계속하여 자신의 성기를 약 4분 가량 피해자의 엉덩이 부위에 가져다 댔다.

Accordingly, the defendant committed an indecent act against the victim in a populated dynamic vehicle with the public.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B;

1. Investigation report (the situation at the control site and the details of arrest);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of video images and closure photographs);

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

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Orders shall be determined by comprehensively taking into account the following specific circumstances and the sentencing conditions stated in pleadings, such as the defendant's age, character and conduct, home environment, and the conditions before and after crimes:

If a conviction on a crime that constitutes a sex crime subject to registration and submission of personal information under Article 42 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is confirmed, the defendant is a person subject to registration of personal information under Article 42 (1) of the same Act, and is obliged to submit personal information to the competent agency in accordance with Article 43 of the same Act, even though there has been the same history (one time of a fine and two times of a revocation of a complaint) to correct the character and conduct, and is found guilty of a sex crime subject to registration.