성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Defendant shall be punished by a fine of three million won.
If the defendant fails to pay the above fine, one hundred thousand won shall be converted into one day.
Punishment of the crime
On September 30, 2016, around 08:25, the Defendant was seated on the right side of the victim E (V) who was sitting in the front line D of the Incheon subway No. 2 located in Seo-gu Incheon, Seo-gu, Incheon, and covered the outer dumping within the dong line D in the front line of the operation of the subway No. 2 of the Incheon, Seo-gu, Incheon, and became the victim's right chest by inserting his hand into the outer dumping of the victim.
Accordingly, the Defendant committed an indecent act against the victim in the electric car, which is a densely concentrated place for the public.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and F;
1. Statement made by the police for E;
1. Each statement of E and F;
1. Investigation report (suspect’s statement and video data analysis), CCTV images, CCTV images, and CCTV CDs [the Defendant is not allowed to accept the Defendant’s assertion contrary thereto, on the ground that the statement made by the victim and witness is consistent and the facts charged are confirmed even in CCTV images where the site was taken at the time, and all facts charged are recognized, in view of the evidence duly admitted and investigated by a party member.]
Application of Statutes
1. Article 11 of the Act on Special Cases concerning the Punishment of Sexual Crimes, etc. Aggravated Punishment of Specific Crimes and Selection of Fines for Punishment;
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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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.
The defendant's age, risk of repeating a crime, details and motive of a crime, method of committing a crime, seriousness of the crime, and order to disclose personal information.