A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

[criminal history] On November 12, 2014, the Defendant was sentenced to eight months of imprisonment with labor for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crow Places) at the Seoul Northern District Court (Seoul Northern District Court) and was sentenced to four months of imprisonment with labor for the same crime on April 15, 2015, and completed the execution of the sentence on August 16, 2015.

[2] On July 31, 2016, around 05:46, the Defendant: (a) at a bus stop located in Yangcheon-gu Seoul Metropolitan Government, and (b) at a bus stop located in Yangcheon-gu, Yangcheon-gu, Seoul; (c) the victim D (influent, 19 years of age, 19 years of age) was under the influence of alcohol and caused the victim’s pumptive desire to do so, and (d) the victim’s am and bucks were 3 to 4 times.

Accordingly, the defendant committed an indecent act against the victim by using the victim's potential state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of E and F;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current status of personal expropriations;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Grounds for sentencing under Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which an disclosure or notification order is given; Article 49(1)2 and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences under law: Imprisonment for one month to twenty years; and

2. Aggravationd elements of general indecent acts (type 1) (special sentencing factors): the area of aggravation [the recommended sphere and the scope of recommendations] of the same repeated crime (the area of recommendation and the scope of punishment), one year and six months to three years of imprisonment, which does not fall under a specific violent crime (the person subject to 13 years or more).

3. After the sentence is sentenced to criminal facts committed by an indecent act against another person in the subway and the execution of the sentence is completed; and