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.

Criminal facts

On October 5, 2001, the Defendant issued a summary order of one million won of a fine to the Seoul Central District Court for a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Indecent Acts at Public Smuggling Places), and on October 21, 2004, a summary order of two million won of a fine to the same crime in the same court.

On July 19, 2014, the Defendant: (a) around 16:57, at the subway line 1, the subway station located in the city of Guro-gu Seoul, Guro-gu, Seoul, in the subway line 174, had the victim C (V, 21 years old) in the front section between the digital group area and the digital group area, and had the victim’s her son, who was suffering the bed with the Defendant’s hand.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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 reason for sentencing under Article 16(2) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is that the Defendant was subject to two times the same criminal acts, and that the Defendant committed the instant crime without being aware of the fact that he/she was subject to two times the punishment.

On the other hand, the fact that the defendant is recognized as committing the crime of this case and is against the victim, the agreement was reached smoothly with the victim, the fact that there is no record of criminal punishment other than the above punishment, and that there is a social relation with the defendant, such as having family and workplace, is favorable to the defendant.

In this context, the punishment is determined as ordered by comprehensively taking into account all the conditions of sentencing, including the degree of indecent act in this case, circumstances after the crime, age of the defendant, criminal records, character and conduct, family environment, etc.

When a conviction on the facts constituting a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant shall comply with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes