성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The sentence against the accused shall be 2,00,000 won.
When the defendant does not pay a fine, 100.
Punishment of the crime
On September 1, 2017, around 07:57, the Defendant committed an indecent act against the victim at a subway station, which is a means of public transportation, for about four minutes, such as being sealed by the victim B (V, age 24) in the electric train of subway No. 4, which is operated in the basin of the U.S. S. S. S. S., located in the river basin of 338, Gangnam-gu Seoul, Gangnam-gu, Seoul, and operated in the basin of S. S. S. S. S. private distance.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness B and C;
1. The victim stated consistently and specifically the victim’s body at this Court and the investigative agency’s situation at which the victim’s body was contacted with the victim’s her butt her part, characteristics of the body part of the victim’s body, and the victim’s her sexual conduct at the time of the victim’s indecent conduct, the location and behavior of the Defendant before committing the crime, and the first victim’s contact with the Defendant before committing the crime, and the situation of moving the victim to another by reporting, and there is no other circumstance that may otherwise be a false representation in the statement.
In light of the victim's attitude of statement in this court, the victim's statement is deemed to be reliable.
According to the evidence of the judgment, the defendant can be found to have committed an indecent act against the victim in a concentrated public place.
Application of Statutes
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, the proviso to Article 49(1) and the proviso to Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal record, and risk of recidivism, and the profits and preventive effects expected from the disclosure order and notification order of this case.