성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
A defendant shall be punished by imprisonment for six 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
On December 23, 2013, the Defendant: (a) around 22:00 on December 23, 2013, the bus C operated from the flood station to the Sari Station was located in Seocho-gu Seoul Metropolitan Area, and (b) around the passage of the Southern-do Station, the Defendant was located in the bus above the bus, and (c) the victim D (V) who was seated in front of the Defendant, seated with the seat of the victim and its windows, and became the chest part of the victim.
Accordingly, the defendant committed indecent acts against the victim in means of public transportation.
Summary of Evidence
1. Application of the police statement law to D;
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 defendant's defense counsel's assertion about the defendant's defense counsel under Article 62-2 of the Criminal Act, Article 16 (2) and (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, asserts that the defendant was in a state of mental disorder under the influence of alcohol at the time
According to the evidence submitted by the prosecutor, in light of the fact that the defendant was aware of drinking alcohol at the time of the crime of this case, but there was a criminal conviction of the same kind due to the same method, the above assertion cannot be accepted on the ground that the defendant lacks the ability to discern things or make decisions.
When a conviction on a crime subject to registration becomes final and conclusive on the judgment that a sex crime subject to registration becomes final and conclusive, 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 relevant agencies
The age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, and the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information disclosure order, and the accused's age, occupation, risk of recidivism, motive of the crime in this case.