A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

The defendant is a person who engages in daily labor.

피고인은 2018. 5. 17. 21:50경 고속터미널역에서 당산역 방향으로 운행하는 지하철9호선 급행열차 전동차 내에서, 고소인 B(여, 29세)의 뒤에 서서 성기를 노출한 채 신문지로 가린 다음 자신의 성기를 피해자의 엉덩이에 밀착하여 비볐다.

Accordingly, the defendant committed an indecent act against the victim in the subway train, which is a means of public transportation.

Summary of Evidence

1. Statement of the police concerning B (Supplementary to Complaints);

1. Statement by the police about C;

1. Application of the Acts and subordinate statutes to report on investigation (to take photographs 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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. The reasons for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities are two years and six months of imprisonment due to the crime of rape or bodily injury caused by rape in 1987, and three million won of imprisonment due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in 2018.

Nevertheless, the crime of this case has been committed under the same several laws after being replaced by the human being.

The number of crimes has been interviewed and the degree of indecent act is serious, and the victim is receiving considerable mental impulse and seek a strict punishment against the defendant.

In addition, the punishment as ordered shall be determined in consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime was committed, and all the conditions of the punishment specified in the pleading.

When a conviction on a crime committed in the judgment to be submitted becomes final and conclusive, the defendant shall obtain personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.