Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On January 14, 2016, around 22:45, the Defendant discovered the Victim F (17 years of age) who was waiting to move from the E Station platform in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, waiting to move ahead of the train, and subsequently the Victim’s am, with the Victim’s own hand, etc. after the Victim’s Gabling.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the investigation report (a CCTV image in the course of committing a crime), CCTV-cape photographs, and CCTV-recording CD-related Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Determination on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

1. The defense counsel asserts that the act of the defendant's judgment should be calculated by committing an indecent act in a densely concentrated public place. The defendant's defense counsel asserts that the act should be calculated by committing a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent act in a densely concentrated public place)

The crime of indecent act in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act at Public Crows) is to cope with situations in which punishment under the Criminal Act and other Acts is not imminent due to indecent act committed in a way other than exercising tangible power by taking advantage of the situation where it is difficult for the victim to clearly and actively resist or avoid due to the reason that access with the victim is easy and the location of indecent act is open to the public in a public place with the concentration of population in an urbanized modern society (see Supreme Court Decision 2009Do5704, Oct. 29, 2009). Meanwhile, the crime of indecent act by force is to cope with situations in which punishment under the Criminal Act and other Acts such as the Criminal Act are not imminent (see Supreme Court Decision 2009Do5704, Oct. 29, 2009).