A defendant shall be punished by imprisonment for one year.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

On September 21, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor for obscene crimes at the Seoul Central District Court for public performance and completed the execution of the sentence on January 7, 2018.

On January 31, 2018, the Defendant discovered D (V) seated in the adjacent seat, which is seated (22 years old), among many passengers in the C previously operated by the Seoul subway Co. 3, the Defendant: (a) opened a brush in the future and brushing machine on January 31, 2018; and (b) opened a brush in the future.

In other words, the act of self-defense was done with approximately 30 parts of knife with a knife method.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (or photographing a victim);

1. References to inquiries, such as criminal history, reports on undispositioned previous convictions, results of confirmation, and application of the judgment text;

1. Relevant Article 245 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, the Defendant was five times from 2002 to 2016, and was punished as a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (an indecent act in a densely concentrated place). On January 7, 2018, the Defendant again committed the instant crime even during the period of repeated crime after the completion of the execution of imprisonment for eight months due to the obscene act of public performance on January 7, 2018. The instant crime was committed from 20:10 to 30 minutes, and it appears that D’s mental impulse was significantly affected.

However, the fact that the defendant recognized the crime of this case and expressed his own mental problem and his will to treat the crime of this case shall be considered in light of the circumstances favorable to the defendant.

In addition, the defendant's age, sex, family relationship, motive and background of the crime, circumstances after the crime, etc. of this case and various sentencing factors specified in the theory of changes shall be comprehensively considered, and the punishment shall be determined as ordered.