A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to take a lecture for sexual assault treatment for 80 hours.

Punishment of the crime

On June 12, 2013, the Defendant was sentenced to a suspended sentence of three years for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by the Daejeon High Court on the Punishment, etc. of Sexual Crimes, and the judgment becomes final and conclusive on the 20th of the same month.

On October 1, 2014, at around 07:16, the Defendant was on board the train No. 1152 No. 3rd 48 of Yongsan-gu Saemaul 1152 on the same day, and on around 07:20 of the same day, the Defendant was on board the Defendant’s right side of the victim C (n, 26 years of age) who was seated and was divingd on the Defendant’s side at the time when the said train was in operation of the Daecheon-luminous section. The Defendant was on one occasion at the left hand.

Accordingly, the defendant committed an indecent act by force against the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C’s statement;

1. A report on investigation and a report on investigation (or a passenger status around the victim);

1. Railway tickets and field map of a case possessed by the suspect;

1. Division: Application of Acts and subordinate statutes to inquiries into criminal and investigation records and investigation reports (former and previous reports on investigation records);

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Order to Attend [the scope of recommending punishment] the crime of indecent act by compulsion (subject to 13 years of age or older) and the exercise of the tangible force (1 month or year from January to one year) in the mitigation area (special mitigation person] [the decision of sentence] in four months of imprisonment, the defendant reflects his mistake and recognized all of the crimes, and the fact that there was no exercise of tangible force in the course of indecent act is favorable to the defendant.

However, since the defendant was punished for the same crime and again went to the crime of this case even though he was under the probation period, and the victim was not fully agreed with, it is inevitable to sentence the defendant to the punishment despite the favorable circumstances mentioned above.

provided, however, that.