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.

Punishment of the crime

[criminal power] On September 26, 2019, the Defendant was sentenced to two years of suspension of execution on August 4, 2019 by imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Public Smuggling Places) at the Jung-gu District Court on September 26, 201.

【Criminal Facts】

1. On May 1, 2019, the Defendant discovered the victim D (n, 44 years old) who was getting an escalator from the C Station located in Goyang-si B around 06:46 on May 2019, and discovered the victim D (n, 44 years old) and the victim’s et al. were cut down even after the victim’s injury. The Defendant met the victim’s et al. as above.

2. On May 2019, the Defendant met the body of the victim at the place described in paragraph (1) in the same manner as described in paragraph (1), around 06:46.

3. On May 16, 2019, at around 06:46, the Defendant discovered the victim who was going up with the stairs at the places specified in paragraph (1), and followed the two arms in front and rear, thereby having a part of the victim’s left side by hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports (including confirmation of the same kind of records and accompanying documents);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the relevant criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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 Courses;

1. The defendant asserts that Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main text of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, defense counsel, etc., of the same Act,

(b).