A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

At around 23:00 on November 17, 2017, the Defendant: (a) considered that he was seated in a seat for the victim E (hereinafter 23 years old) boarding the bus that was located in the front of Yangcheon-gu Seoul Metropolitan City; (b) moved the female to the victim’s side surface that was caused by a indecent act on his own job; and (c) took the female’s buckbuck that he was seated on his own side by hand, etc., and forced the victim to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion by the accused and the defense counsel as to the observation of protection, community service order, and lecture attendance order under Article 62-2 of the Criminal Act, Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The gist of the assertion is that the Defendant’s use of the victim’s buckbucks in the bus is consistent with the rhumthm, but there was no assault or intimidation to establish the crime of indecent act. As such, Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which provides for indecent act in public concentrated places, is applicable, and the crime

2. Determination 1) The crime of indecent act by force of the relevant legal doctrine includes not only cases where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation, but also cases where the body of the person of the act of assault is recognized as an indecent act. In such a case, insofar as the assault does not necessarily require that it be at least to suppress the other party’s intent, it does not necessarily mean that the assault is against the other party’s will, regardless of its force’s resistance.

An indecent act objectively causes sexual humiliation or aversion to the general public and is an act contrary to good sexual morality, which infringes on the victim's sexual freedom, and whether it constitutes it or not.