성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
A defendant shall be punished by imprisonment with prison labor for up to 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
1. At around 02:30 on April 8, 2015, the Defendant: (a) at a sobry soup room, the victim D (e.g., 56 years old) was hythrhed by rhyming on the left side; and (b) hythrhhhhhhhhhh was hymd on the back of the victim’s left hand, with the victim’s left hand.
2. On April 8, 2015, at around 04:30, the Defendant committed an indecent act, such as committing an indecent act against the victim’s left chest by using the victim E (here, 46 years of age) rhythly rhyming the right-hand in the area of women’s exclusive use of the water surface room at the above place, and hypingly hyp the victim’s hyphing with the left hand, etc.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Each police statement made to D and E;
1. Application of Acts and subordinate statutes to the defendant's statement;
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the relevant criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The Defendant committed the instant crime on two occasions since it was sentenced to the suspension of indictment for the same kind of crime as the sentencing reasons under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on Probation and Order to Attend Course. The fact that the psychological impulse of the victims caused by the instant crime appears to have been reasonable, and that there is no effort to recover from damage is an unfavorable circumstance to the Defendant.
However, considering the circumstances favorable to the defendant, such as the fact that the defendant is against himself, the degree of indecent act is not severe, and there is no record of criminal punishment except the one-time suspension of indictment, the punishment shall be determined as ordered by taking into account various sentencing factors in the records, such as the defendant's age, character and conduct, environment, and circumstances after the crime.
The defendant shall be the defendant on the criminal facts of the sex offense subject to registration.