A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 6, 2016, at around 09:07, the Defendant committed an indecent act against the victim by using the gap around the moving station in the subway 9 line C, which is located in Yeongdeungpo-gu Seoul Metropolitan City, in the middle of the subway stations, and then, using the gap around, and following the victim D (n, 33 years of age).

Accordingly, the Defendant committed an indecent act against the victim in the subway train, which is a densely concentrated place for the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquiries, such as a report on investigation (Attachment to a victim’s statement) and criminal history;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. When a judgment of conviction on the facts constituting a sex crime subject to registration and submission of personal information under Article 62-2 of the Criminal Act and Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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 to the competent agency under Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, motive, method and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., there are special circumstances in which the disclosure of personal information may not be disclosed pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Therefore, the defendant is judged.