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

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

Punishment of the crime

On April 29, 2013, around 08:02, the Defendant used the gap of subway 4 lines in subway lines located in Saridong, Dongjak-gu, Seoul, in the front-dong, where the entire area was in progress, the surrounding area was congested, such as the victim B (V, 29 years old). After the victim B (V, 29 years old), the Defendant’s body was pushed back to the victim, and then the victim was her her son.

Accordingly, the defendant committed an indecent act on another person in means of public transportation.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)

1. Article 62(1) of the Criminal Act: Suspension of execution (not to be re-offendered and to receive mental therapy);

1. Probation and order to complete a program (the defendant has been sentenced to six months of imprisonment and two years of suspended execution for the same crime on April 23, 2009, and has been sentenced to a fine for public performance and obscenity on October 2006 and October 2007). If the conviction of the defendant against the criminal facts indicated in Article 16(2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes 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 a related agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., personal information shall be personal information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.