Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

On November 1, 2019, at around 18:50, the Defendant, at the C Station platform in Seocho-gu Seoul Metropolitan Government, pushed away the victim D’s left hand, etc. from the subway 9 subway lines located in Seocho-gu, Seoul, about one minute.

Accordingly, the defendant committed an indecent act against the victim in the densely concentrated subway history.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of Acts and subordinate statutes on investigation report (the attachment of a evidentiary document, a video CD and a closure photograph);

1. Article 11 of the relevant Act on Criminal Crimes and the Special Act on the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) for which the choice of punishment is made;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. If a conviction on the crime committed in the judgment of the court below which stated that the provisional payment order should be registered and submitted under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information

Considering the Defendant’s age, occupation, risk of repeating a crime, type of crime, motive, process of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the above order, prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., there is a special circumstance that should not disclose and notify the Defendant’s personal information or restrict employment.

Therefore, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, proviso to Article 50(1), proviso to Article 56(1), proviso to Article 56(1), and Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018).