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
The defendant is the USFA subject to the US Forces Status Agreement (SOFA).
On May 27, 2016, at around 21:55, the Defendant 21:20, boarded the victim from the front-time train in the front-time subway line 1, Jung-gu, Seoul Special Metropolitan City, in the direction of the outer station, and then, at around 22:20 on the same day, her indecent act on the victim D (V, 30 years old) who was in order to get the victim from the outer station in the front-time train in the front-time train of the public transportation vehicle by using her amblance as the amblance in his hand.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;
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. The grounds for sentencing under the proviso of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Order to Attend (the defendant is difficult to expect smooth implementation of the order to attend a lecture due to the lack of communication in Korean language by a foreigner, and it seems difficult to achieve the effectiveness of preventing recidivism of sexual crimes, and thus, there are special circumstances where it is impossible to impose the order to attend a lecture) do not appear to have any attitude against the defendant by denying the crime, and the defendant does not seem to have any attitude against him/her. The circumstances after the crime of this case are very poor, such as taking a bath to the victim, etc. immediately after the crime of this case, the defendant has no criminal record in Korea, and other circumstances, such as the defendant's age, character and behavior, family relationship, home environment, motive and means of the crime, and circumstances
Where a conviction becomes final and conclusive on a criminal fact stated in the judgment that is a sex offense subject to registration, the accused shall obtain personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.