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

The defendant is between the victim B (the name, the age of 28) and the victim.

On June 11, 2020, at around 09:33, the Defendant committed an indecent act against the victim in such a way as to start from the moving station of the line No. 220 (Action Dong) 9 under the ground of the Dongjak-gu Seoul Metropolitan Government Yadong to a high speed terminal station, and start up to 2-2 partitions, the Defendant was able to have his sexual organ adhered to the victim’s left side, and cut off to the high speed terminal station.

The defendant committed an indecent act against the victim in the subway train which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B (tentative name);

1. Application of the investigative report (a photograph photograph-fix and CD attachment) (applicable to the Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information 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 Welfare of Persons with Disabilities Act, 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 obligated to submit personal information to a related agency as prescribed in Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, comprehensively taking into account the following factors: (a) the Defendant’s age, occupation, risk of recidivism, type of the instant crime, process of the instant crime, disclosure order, and the degree of disadvantage the Defendant was inflicted on him due to the order, the prevention of sex crimes that may be achieved therefrom, and the effect of protecting the victims thereof.