A defendant shall be punished by imprisonment for six 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

[criminal records] On July 5, 2018, the Defendant was sentenced to the suspension of the execution of 8 months in Seoul Eastern District Court for an indecent act committed by force, and the judgment became final and conclusive on July 13, 2018.

[2] On May 28, 2018, the Defendant, at the front of the subway C station 4-1 platform in Dongdaemun-gu Seoul Metropolitan Government on May 28, 2018, was seated behind the victim D (the age of 17) and brought her hand off with his/her clothes and her hand her left hand, and rhums down the victim’s right-hand hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of the victim;

1. Previous convictions: Application of a written reply to inquiries, such as criminal history, (A) and Acts and subordinate statutes to report criminal investigations (Attachment to forced rulings on indecent conduct);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection and Observation of Children and the Protection of Juveniles against Sexual Abuse;

1. Article 49 (1) 1 and Article 50 (1) 1 of the Act on the Protection of Juveniles against Sexual Abuse against Children subject to an order of disclosure or notification;

1. Where a conviction of a defendant who has registered personal information under the main sentence of Article 56(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse against whom an employment restriction order is issued 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 obligated to submit personal information to the competent agency

Defendant

Judgment on the Defense Counsel's argument

1. The gist of the assertion appears from middle school to the present time that the Defendant was receiving hospital treatment, and was taking a imprisoned drug at the time of the instant case.

Therefore, the defendant decides the ability or will to discern things due to mental disorder.