성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
피고인은 2020. 6. 29. 23:00 경에서 00:10 경 사이 서울 용산구 B의 C 버스 정류장에서 용인시 처인구 D의 E 대학교까지 운행하는 F 경기 고속 G 광역버스 안에서, 피해자 H( 가명, 여, 23세) 가 좌측 중간쯤 창가 좌석에 앉아 있는 있을 때 다른 빈 좌석이 있음에도 불구하고 피해자의 옆 좌석에 앉아 위 버스가 경기 광주시 I 부근을 지나가고 있을 때 팔짱을 낀 채 팔꿈치를 피해 자의 좌측 가슴에 밀착하여 수 회 누르고, 팔꿈치로 가슴을 비벼대며 추행하였다.
Accordingly, the defendant committed an indecent act on the victim in a bus which is a means of public transportation.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to the police with H;
1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;
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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is that the defendant committed an indecent act by deceiving a female female victim who does not have any way in the bus, and the criminal liability is not minor.
However, the court shall take into account the following circumstances: (a) the defendant has recognized his mistake; (b) the defendant has no particular criminal record; and (c) the fact that the defendant has agreed with the victim is favorable; and (d) the defendant's age, sexual conduct, environment, circumstances after the crime; and (e) the conditions for the oral argument and the sentencing specified in the records, including the circumstances after the crime
Where a conviction becomes final and conclusive with respect to a crime in which personal information is registered and submitted, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.