A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall complete a sexual assault treatment program for 40 hours against the defendant.

Punishment of the crime

On December 25, 2016, around 18:28, the Defendant discovered the Victim E (V, 15 years old) from among the subway stations located under Mapo-gu Seoul Mapo-gu Seoul underground, and boarded the Defendant to the direction-based electric vehicle according to the victim.

While the Defendant was seated on the right side of the victim and was sitting back to the right side of the victim, the Defendant she dives down the victim's right chest part of the victim's right chest by the left buck, made the victim's left hand bucks into the victim's right side, and again divided the victim's right upper part into several parts with his left bucks.

As above, the Defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police for E;

1. Each investigation report and CCTV image storage CDs, and each CCTV image photograph;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 49(1) main text and Article 50(1) main text of the Act on the Protection of Juveniles against Sexual Abuse against Children subject to Disclosure Order and Notice Order

1. The summary of the argument is that at the time of the instant case, since there were many passengers in the subway, if the Defendant committed the same act as indicated in the facts charged, it would have been immediately dismissed. Therefore, there was no reason to do such act, and the contact with the seat passengers at the time was inevitable because the body was pushed down between the seat passengers at that time, and there was no intention of the Defendant to commit an indecent act.

2. The following facts are acknowledged based on the evidence duly adopted and examined by the court.