A defendant shall be punished by imprisonment for not less than eight months.

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

Criminal facts

1. No person shall intrude into public toilets installed for the purpose of satisfying his/her sexual desire, with the aim of having the public use, any person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

However, around 00:26 on July 28, 2013, the Defendant, in the C station located in Young-gu, Suwon-si, Suwon-si, and around 00:26, went back to the victim D (at the age of 20) who gets from the same subway, and went to the public toilets where the victim was in accordance with the victim.

Accordingly, the defendant invadeds on public places for the purpose of satisfying sexual desire.

2. The Defendant, at the same time and place as indicated in the foregoing Paragraph (1) above, was kept in the front section of the above victim D, at the same time and place as indicated in the above Paragraph (1), and the Defendant got out of the front section of the victim, instead of having his/her desire to commit an indecent act, and went out to the front section of the victim's chest, and went outside the victim's chest. However, the Defendant did not have the intent to commit an indecent act by deceiving and resisting the victim's fingers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim D;

1. A complaint;

1. Application of the video Acts and subordinate statutes to the screen after each CCTV closure;

1. Relevant legal provisions concerning facts constituting an offense, and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes (Influences on public places for the purpose of sexual desire satisfaction, choice of imprisonment), Articles 300 and 298 of the Criminal Act, and choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which is favorable to the following reasons:

1. According to the reasons for sentencing of Article 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the crime of this case is not weak, and the mental impulse suffered by the victim is deemed not to be significant.