성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Defendant shall be punished by a fine of three million won.
If the defendant fails to pay the above fine, 30,000 won shall be one day.
Criminal facts
On September 23, 2013, at around 19:00, the Defendant committed an indecent act against the victim in a densely concentrated place by taking the victim’s amblance with the other hand, and by taking his amblance with the other hand, taking the amblance of the victim E (n.e., 22 years of age) that was operated in the diving room in Songpa-gu Seoul Metropolitan Government to the direction of the apartment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Application of Acts and subordinate statutes to a report on investigation (verification, etc. of black boxes video data);
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure of Personal Information; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the preceding case for which a judgment of suspension of execution and favorable circumstances among the grounds for sentencing became final and conclusive) is not subject to personal information; and in this case, it appears that the registration of personal information alone could have an effect on preventing recidivism by the defendant) is not subject to personal information disclosure, and there is no room for justification in that the defendant was sentenced to two years of suspended sentence for six months for imprisonment for the same crime on May 23, 2013 and was sentenced to two years of suspended sentence for six months for the same crime on September 3, 2013.
However, there is no other criminal record except the above suspended sentence, the defendant led to a confession of a crime, committed a mistake in depth, was indicted for the first time, and living in custody for a considerable period of time, the victim's sexual organ was not danced, but indecent act in his/her hands, and the victim and the investigation process are conducted.