The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

피고인은 2014. 11. 13. 22:24경 서울 서대문구 서소문로 지하17 지하철 2호선 충정로역을 운행 중인 전동차 안에서 옆 자리에 앉아있던 피해자 E(여, 24세)에게 “남자 친구 있어 ”, “예쁘게 생겼는데 왜 튕겨 ”, “내가 너 끝까지 쫓아갈 거야!”라고 말하면서 왼팔로 피해자의 오른쪽 어깨를 툭툭 치고, 머리를 피해자의 어깨와 가슴 윗부분에 비벼댔다.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement statute to E and F;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

1. A fine of 1,000,000 won to be imposed on the suspension of sentence;

1. Articles 70(1) and 69(2) of the Criminal Act for the detention in a workhouse (100,000 won per day);

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is a person subject to registration of personal information under Article 42(1) of the same Act, and the defendant is obliged to submit personal information to relevant agencies pursuant to Article 43 of the same Act, on the ground that a conviction on a sex offense subject to registration of personal information becomes final and conclusive.

Provided, That if it is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence after the judgment of suspension of sentence becomes final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information

(Supreme Court Decision 2014Do3564 Decided November 13, 2014). The Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, order of disclosure or notification of personal information, the degree of disadvantage and anticipated side effects that the Defendant would suffer, and the sexual crime subject to registration that could be achieved due to such order.