Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Criminal facts

On June 22, 2017, from around 21:27 to around 21:29 on the same day, the Defendant committed an indecent act by force against the victim by rheeping the victim’s left side of the victim E (Woo, 30 years old) seated in the seat, and raiding the victim’s loss on the upper half of the buckbucks and the upper half of the same day.

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 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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. Determination on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

1. The provisions of Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall apply to any act of the accused who commits an indecent act against the victim on the electric train that is a place where the arguments are concentrated in the general public;

2. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that “a person who commits an indecent act on another person in a public means of transportation, public performance, or assembly place, or any other place where the public is densely concentrated shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding three million won. The legislative intent of the Act is to cope with the situation where punishment under other Acts, such as the Criminal Act, is not influenced by exercising force by taking advantage of the victim’s explicit and active resistance or evasion circumstances, such as where access with the victim is easy and where the place of indecent act is open to the public, etc. (see Supreme Court Decision 201Do17441, Feb. 23, 2012). Meanwhile, the crime of indecent act by force against the other party is difficult to prevent another party from committing an indecent act by assault or intimidation.