A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

피고인은 2014. 5. 30 07:35경 지하철 9호선 지하철 열차가 가양역에서 당산역을 향해 운행 중일 무렵, 전동차 내에서 피해자 D(여, 24세)의 뒤에 밀착한 채로 서서 왼손으로 피해자의 엉덩이를 만지고, 발기된 자신의 성기를 피해자의 엉덩이에 밀착시키고, 전동차가 당산역에 진입하여 정차하자 손으로 피해자의 엉덩이를 1회 움켜쥔 후 열린 출입문 밖으로 나가 공중밀집장소에서 피해자를 추행하였다.

Summary of Evidence

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of D;

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;

1. The defendant and his defense counsel asserted that there was no indecent act against the victim as described in the facts charged. However, the defendant and his defense counsel asserted that there was no indecent act against the victim as described in Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend the Republic of Korea. However, considering the following: ① the situation in which the victim committed an indecent act from the investigative agency to the court, and the background and process of reporting the defendant to the investigative agency, etc.; ② the victim does not appear to have any special circumstances to gather the defendant; ② even if the victim’s statement is not deemed to have been made in light of the victim’s content or attitude at court, it is difficult to see that the victim makes a false statement even when considering the victim’s attitude and attitude, etc., the victim’s credibility of the statement is high. ③ The victim, along with the foregoing, has committed an indecent act against the defendant who committed an indecent act against the victim, first of all, who committed the former.