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 April 20, 2018, around 08:20, the Defendant committed an indecent act on the victim E (Gam, n, n, 34 years old) with knife his sexual organ attached to the ambling line of the subway line No. 4 located in Yongsan-gu Seoul Metropolitan Government, and knife his sexual organ in the ambling line of the subway No. 34 years old.

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. Defendant's legal statement;

1. The police statement of E;

1. Application of the Acts and subordinate statutes concerning each CCTV closure photograph;

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 (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 Community Service;

1. The sentencing of Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities is based on the following circumstances: the Defendant’s age, character and conduct, growth process, environment, motive, means and result of the crime; and the various sentencing factors specified in the records and arguments, including circumstances after the crime, shall be determined as ordered.

The crime of this case is committed with the Defendant’s sexual organ emitted from his her m/ her mare in the front line, and the crime of this case is not against the nature of the crime in light of the type of crime, etc.

The crime of this case seems to have caused the victim to feel a considerable sense of sexual humiliation and displeasure.

The defendant was unable to compensate for damage or receive a letter from the victim.

The defendant has already been punished by a fine due to the crime of the same law.

The favorable circumstances shows the attitude of the defendant to recognize and reflect all crimes, and the prevention of sexual assault after the crime of this case is committed.