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서울중앙지방법원 2019.01.18 2018고단6863

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On July 10, 2018, at around 08:45, the Defendant committed an indecent act against the victim for about five minutes in a way that he/she was able to have his/her sexual organ known to the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers her

Accordingly, the defendant committed an indecent act against the victim in the subway train, which is a place where the public is concentrated.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to B;

1. Application of the Acts and subordinate statutes to investigation reports (Attachment of criminal motion pictures, motion pictures and closure photographs);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The reason for sentencing in the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant, on November 2, 2017, went to the instant crime even though he/she had a criminal record of KRW 3 million with the previous department.

The victim was unable to receive a letter of suspicion from the victim.

However, the same sentence as the order shall be determined by comprehensively taking into account the fact that the defendant is against nature, the degree of indecent conduct and other criminal defendant's age, character and conduct, environment, motive and result of the crime, circumstances after the crime, etc., as shown in the argument in this case.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is subject to registration and submission of personal information, the accused 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

The defendant is exempted from the disclosure order or notification order due to his age, occupation, risk of recidivism, type of crime, motive, process, seriousness of crime, disclosure order or notification order.