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 this judgment becomes final and conclusive.

Punishment of the crime

On December 23, 2013, the Defendant, at around 11:30, committed an indecent act by force, by deceiving the victim C (the age of 42) who was seated in the 2nd train 2116 train 4 trains located in 108, Seogu, Seogu, Busan, Busan, and 108, and was seated in the 2nd seat of the victim, and then sitting in the 42th seat above the victim's cell phone, using the crebs in which the victim reported his cell phone, caused the Defendant to commit an indecent act by forcing the victim's right bucks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each investigation report (with respect to the inspection and investigation of literature, subway stations, CCTV images, and emergency seizure sites, etc.), and accompanying photographs;

1. Application of Acts and subordinate statutes concerning police seizure records;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The range of recommendations according to the sentencing guidelines [decision of types] the crimes of indecent act by compulsion (subject to the age of 13 or more) and the first category [special multiple-pact by compulsion] and the elements of punishment not to be mitigated [the scope of recommendations]] from one month to one year (the areas of mitigation] from one month to one year (the areas of mitigation].

3. Determination of sentence: The criminal defendant who has committed an indecent act against the defendant for a period of eight months in imprisonment or two years in suspension of execution and has many times the same and similar penal power, and the case is also distorted as he/she committed an indecent act against the female in a subway without any special reason;