A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Punishment of the crime

On March 17, 2018, around 20:30, the Defendant: (a) around 461 seats in the C Stack Stack E zone in Songpa-gu Seoul, Songpa-gu, Seoul; (b) the victim D (a person, scam, 23 years old) was neglected due to his or her failure to observe the performance of “E” due to his or her fault over five minutes after the other victim’s hand.

Accordingly, the defendant committed an indecent act against the victim at the place of public performance or assembly.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Statement made by the police against D;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

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

1. In full view of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles’ Sex Offenses [where the Defendant has three or more same criminal records, but all four cases including the instant case are in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crow Places), and it seems that there is no need to issue the disclosure order and notification order because the indecent act is not serious enough to impose the disclosure order and notification order, and other various circumstances such as the Defendant’s age, occupation, family environment, social relationship, the background and effect of the instant crime, the benefits and preventive effects expected from the disclosure order or notification order, disadvantages and side effects therefrom, etc., there are special circumstances under which the Defendant’s personal information may not be disclosed or notified.

Supreme Court Decision 201Do16863 Decided February 23, 2012 (see Supreme Court Decision 2011Do163, Feb. 23, 2012)

1. Determination as to the assertion of the Defendant and his/her defense counsel under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the assertion is that the Defendant committed an indecent act against the victim as described in the facts charged.

2. Determination: