A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

On October 17, 2016, the Defendant, around 23:18, 2016, brought up the Victim F (F) who was seated next to the 6-2 partitions of the Dobong-dong, the subway No. 7 Line E, located in Dongjak-gu Seoul Metropolitan Government, and committed an indecent act against the Victim by stating “self-self-self-self-self-self-self-self-self-self-self-self-self-defens.”

Accordingly, the defendant committed an indecent act against the victim in the subway, which is a densely concentrated place for the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fine (in cases where no agreement is made with the victim, the motive and circumstance of the crime, behavior and degree of the crime, confession and reflectivity, and the primary crime, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes 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 pursuant to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sexual assault crime subject to registration that may be achieved therefrom, the effect of protecting the victims thereof, etc., there are special circumstances under which the disclosure of personal information may not be announced pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Thus, the defendant is judged.