성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On December 29, 2017, between around 23:20 and around 23:30 on the same day, the Defendant started from the Jinnam-si around 22:00 on the same day and committed an indecent act on the victim G (30 years old, female) on his/her own seat in a cross-city bus arriving in Busan.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the Acts and subordinate statutes of the police statement protocol to G;
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;
2. Article 62(1) of the Criminal Act on the Suspension of Execution (in light of the fact that a person has been punished twice by a fine for the same type of crime, and that another person has committed the instant crime, the liability for the instant crime is not exceptionally applied.
However, the execution of imprisonment shall be suspended in consideration of the agreement with the victim and the degree of conduct not much severe, but the participation in the treatment lectures and community service order for a considerable period of time shall be ordered).
3. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;
4. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and effects expected due to the instant disclosure order and notification order, disadvantage and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.
In a case where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of new 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 competent agency pursuant to Article 43 of the same Act.