1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 23, 2018, around 19:44, the Defendant disembarked from the platform in the subway station D line No. 3 of the subway station in Busan East-gu, Busan-dong, to the subway station. On February 23, 2018, the Defendant got on the left side of the victim E (V, 27 years old) to get on board.

Accordingly, the defendant committed indecent acts against the victim by assault.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police for E.

3. Application of the closed circuit television (CCTV) video-related Acts and subordinate statutes contained in the CDs.

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

4. Grounds for sentencing under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Disclosure of Registered Information and Orders to Notify Information, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Juveniles from Sexual Abuse;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Scope of the recommended punishment according to the sentencing criteria;

(a)types: sex crime group - general standards - crime of indecent conduct by force (subject to at least 13 years of age) - Type 1 (general indecent conduct by force);

B. There is no special sentencing factor:

(c) Scope of recommending punishment: Imprisonment with prison labor for six months to two years (basic sphere);

3. Criteria for suspension of execution;

(a) Major reasons: A previous offense for the same kind (not less than ten years of suspended execution: negative factors);

(b) In general circumstances, negative factors: Before not less than two times of suspension of execution and not less than two times, positive factors: serious reflective factors;

4. In this case, the sentence is that the defendant, while getting off in the subway station, committed an indecent act by force against the victim on the land where he was born, by deceiving his chest, and the nature and circumstances of the crime are not good.

Due to the defendant's crime, the young female under 27 years of age seems to have suffered from considerable mental shock and pain as well as sexual humiliation and mathy.

Nevertheless, the defendant suffered damage against the victim.