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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 16, 2017, around 18:40 on October 16, 2017, the Defendant used the gap of passengers in subway 5 subway trains that run along the subway stations of 550 subway lines located in 550, Seoul Special Metropolitan Gwangjin-gu, and used them as follows.
Accordingly, the defendant committed an indecent act against the victim in the subway train, which is a place where the public is concentrated.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim telephone);
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 (The following circumstances considered in favor of the reasons for sentencing);
1. Articles 16(2) and 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which may be exempted from an order to notify disclosure of information under Article 16(4) of the Act on Special Cases concerning the Protection, Observation, and the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) and Article 50(1) of the Act on the Protection, etc. of Children and Juveniles from Sexual Abuse (the Defendant’s age, occupation, risk of recidivism, motive and method of the instant crime, consequence and crime, seriousness of the instant crime, disclosure or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s injury caused by such order, the preventive effect and effect of the instant crime subject to registration, the effect of the protection of the victims, etc. shall not be disclosed)
Where a conviction becomes final and conclusive on the facts constituting the crime on which the personal information is registered, the defendant is a person subject to registration of personal information pursuant to 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 pursuant to Article 43
The reasons for sentencing include the following circumstances and the age, sex, environment, motive, means and consequence of the crime.