A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

피고인은 2013. 6. 24. 08:30경 지하철 2호선 사당역에서 선릉역 구간을 운행하는 전동차 안에서, 주변이 혼잡한 틈을 이용하여 옆자리에 서 있던 피해자 C(여, 23세)의 가슴을 핸드폰을 보는 시늉을 하면서 손가락으로 만지고, 피해자의 엉덩이 부분에 피고인의 성기부위를 밀착시켜 비벼대고, 재차 손가락으로 문지르듯 피해자의 가슴을 만지는 방법으로 피해자를 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes concerning hearing statements of victims;

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 (see, e.g., Supreme Court Decision 200Du1148, Jan. 1, 201)

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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

In light of the Defendant’s age, occupation, risk of recidivism, contents and motive of the offense, method and seriousness of the offense, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protection of the victim, there are special circumstances that may not disclose and notify personal information pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.