Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

피고인은 2015. 10. 23. 19:36 경 서울 서초구 B에 있는 지하철 9호 선 C 역 방면에서 D 역 방면으로 운행하는 전동차 앞에 이르러, 피해자 E( 여, 25세) 이 승차하는 것을 보고 뒤따라 승차한 후 승객들이 혼잡한 틈을 이용하여 피해자 등 뒤에 바짝 붙어서 성기를 피해 자의 엉덩이에 밀착시키고 약 9분 가량 비볐다.

Accordingly, the defendant committed an indecent act against the victim within the dynamic vehicle, which is a mass means of public transportation overpopulated.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to report on investigation (to listen to telephone statements);

1. Relevant legal provisions concerning the crime and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment. (Consideration of punishment, early crime, confession of and reflect on the crime, etc.);

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. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes 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 the competent agency pursuant to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the prevention of sexual assault crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure of personal information may not be announced pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) proviso of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, and the proviso of Article 50(1) proviso.