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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On December 8, 2016, around 23:15, the Defendant: (a) reported the victim E (the 22 years old, household name) who was seated in front of the subway station 5-1 platform located in Gangnam-gu Seoul, Gangnam-gu, Seoul; and (b) was seated back to the victim’s left side by his hand.
Accordingly, the Defendant committed an indecent act on people in public transportation, public performance, assembly and other densely-populated places.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes of police statement protocol to E;
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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.
In conclusion, the Defendant and the defense counsel asserted that the Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of the instant crime.
In light of various circumstances, such as the background and means of the crime committed by each of the above evidence, the details of the crime, and the defendant's behavior before and after the crime, it seems that the defendant had a weak ability to discern things or make decisions under the influence of alcohol at the time of the crime in this case. Thus, the above assertion is rejected.
The reason for sentencing.