성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
A defendant shall be punished by imprisonment for four 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 February 16, 2019, the Defendant: (a) around 23:00 on February 23:0, 2019, but the ambane of the victim D (the age of 22) who was seated in the defendant's side in the 5th square of the electric car operating subway 7 subway lines in Seoul, Jung-gu, Seoul.
Accordingly, the defendant committed an indecent act against the victim in the electric car, which is a place where the public is concentrated.
Summary of Evidence
1. Defendant's legal statement;
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. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment on the punishment, etc. of a sex crime subject to registration under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant 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
In light of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure and notification order and employment restriction order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the prevention of the sex offense subject to registration, the effect of the protection of the victim, and the possibility of preventing recidivism, etc., the disclosure and notification of personal information or the issuance of employment restriction order shall not be ordered to the Defendant pursuant to the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
The reason for sentencing is the case in 2016 after the defendant was sentenced to the suspension of indictment due to indecent act by force in 2013.