성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
피고인은 2015. 01. 25. 05:40경 울산 남구 C에 있는 D 찜찔방 5층 'E' 수면실에서 피해자 F(여, 48세)이 잠을 자고 있는 것을 발견하고 피해자의 옆에 누워 손으로 피해자의 다리와 허벅지를 만지고, 피해자의 손을 가져다 피고인의 아랫배를 문질러 피해자를 추행하였다.
Accordingly, the Defendant committed soup at soup, which is a place of public gathering, indecent act on the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of the Acts and subordinate statutes on 5 copies of a criminal investigation report (in the event of a field photograph), each photograph, investigation report (ctv perusal and analysis and closure photographs), and photographs (cctvfe).
1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to Provide community service and attend lectures and Article 62-2 of the Criminal Act is that the Defendant committed this case, even though the previous conviction of fines due to the same crime was one time, is disadvantageous to the Defendant.
However, the above punishment shall be determined by taking into consideration the circumstances favorable to the defendant, such as the fact that the defendant is against the mistake, the fact that the defendant has no other criminal records other than once a fine, and the age, occupation, character and conduct, family relationship, circumstances after the crime, etc. of the defendant and all of the sentencing factors in the oral proceedings.
It is deemed that the risk of recidivism is reasonable and the community service order and the lecture order are added to a considerable time.
Where a conviction against a defendant is finalized in relation to a crime subject to registration of personal information, the defendant is 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 relevant agency pursuant to Article 43 of the same Act.