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

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

[criminal power] On December 14, 2016, the Defendant was sentenced to one year and four months of imprisonment by night, intrusion, theft, etc. at the Incheon District Court, and completed the execution of the sentence at the Gesung Vocational Training Correctional Institution on October 4, 2017.

【Criminal Facts】

On April 22, 2018, around 12:35, the Defendant continued to commit an indecent act by force against the victim by making the victim’s bucks by holding the bucks located in the OM (P) bus located near the Nam-gu Busan Metropolitan City LM bus stops (N), the victim Q Q (age 19) seated in the next seat, and the victim’s knick with the intent that it would not be the victim’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to Q Q;

1. A report on internal investigation (limited to the confirmation of a bus and an external black box) and the closure of a black stuff image;

1. Application of Acts and subordinate statutes to refer to inquiries, such as investigation reports (report related to repeated power), criminal records;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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;

1. For the reason of sentencing under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); the circumstances leading up to the instant crime; circumstances after the crime; the Defendant committed the instant crime during the period of repeated offense; the Defendant committed the instant crime; the Defendant was punished once as the same crime; the damage was not recovered; and the Defendant’s age, character and conduct, environment, and criminal records were all taken into account all the sentencing conditions prescribed by Article 51 of the Criminal Act.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the accused shall be in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc