A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

Punishment of the crime

【Criminal Power】 On March 14, 2017, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes at Seoul Central District Court (Indecent Acts at Open Place). On June 28, 2017, the Defendant was sentenced to imprisonment for five months with prison labor for the same crime in the same court on June 28, 2017, and the said judgment became final and conclusive on July 6, 2017, and completed the execution of the said sentence on June 23, 2019.

【Criminal Facts of Crimes】 On August 12, 2019, around 18:50, the Defendant 10 seconds the Defendant’s sexual organ 10 seconds on the part of the Defendant, after the victim B (the victim’s name, the female, and the age of 25).

Accordingly, the Defendant committed an indecent act against the victim in the front car, which is a place where the public is concentrated.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The written statement made by the police against B;

1. Previous convictions in judgment: Application of criminal records and investigation reports (Attachment to attached records of the same kind of criminal records and confirmation of facts of convicts);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, despite the fact that the Defendant had been punished several times in committing an indecent act against women at a public smuggling place, is likely to debris the same kind of crime during the period of repeated offense. The instant case is within the subway prior to the Defendant.