A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 8, 2016, around 08:17, the Defendant committed an indecent act against the victim on the electric car, such as the victim C (V, 28 years old) who was pushed down in the gap of passengers concentrated in the electric train that operated the subway station of subway No. 9 located in the train of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu. 40, the Defendant committed an indecent act against the victim on the electric car, which is a means of public transportation, by tightly sticking to the gap of passengers located in the train of subway No. 28 years old.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. Each written statement of D and E;

1. Inquiries about a copy of a transportation card of a victim, and the details of boarding or driving of a suspect;

1. Regarding the investigation report(s) [1] The victim's statement at the investigative agency and this court shall be recognized as credibility in light of the defendant's act, content of damage, the fear and response of the victim, the situation before and after the crime, the circumstances where the victim's statement is false, and the victim's statement at this court's attitude of statement in this court.

② The statements made by subway Police Assistant E and Gyeong are supported by the above statements made by the injured party at the scene of the defendant's behavior.

③ Considering the fact that the victim is well aware of the use of subway in relation to his/her commuting to and from subway, the victim seems to have been able to have been able to have been able to distinguish the case of an intentional indecent act in cases where physical contact takes place due to electric trains or other passengers’ movements.

④ Without any particular purpose, the Defendant’s booming booming around the subway route was set back at the time of very congested attendance of Seoul subway.

In addition, the Defendant: (a) boarding the subway No. 1 from the Young Military Station to the subway No. 2 line in the subway station in order to go to the subway station; and (b) again taking the subway No. 9 lines from the Sinsan Station to the subway No. 2 line; and (c) driving the subway No. 9 lines from the Sinsan Station.

In this case, in light of the fact that the Yeongdeungpo-gu Station and the Nowon-gu Station are in the same subway route, the subway does not have a full understanding of the accused's explanation for the purpose of coal.

5. At the time of the instant case, the victim