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
On July 27, 2019, around 06:09, the Defendant committed an indecent act one time by hand on the left side of the victim B (Ga name, n, 21 years old) who was in the Defendant’s right seat at the front of the 4470-dong car from the Southern Station of Seoul subway 4, Seoul subway 4.
Accordingly, the defendant committed indecent acts against the victim in means of public transportation.
Summary of Evidence
1. Defendant's legal statement;
1. The written statement made by the police against B;
1. Application of C’s written laws and regulations
1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and the selection of fines concerning the relevant criminal facts and the selection of punishment for sexual crimes
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Taking into account the following circumstances: (a) order to complete a program, the disclosure and notification order, and the exemption from an employment restriction order; (b) Articles 16(2) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (c) Articles 47(1) and 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; (d) the proviso to Article 50(1); and Article 56(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (e) Article 59-3(1) proviso of the Act on Welfare of Persons with Disabilities (the Defendant’s ability to communicate in Korean; age, occupation; and recidivism risk; (d) motive and anticipated side effects of the instant crime; (e) the motive and anticipated side effects of the instant crime; (e) order to disclose or notify the Defendant’s order to complete a program; and (e) the effect of the protection of the victims of sexual crimes subject to registration; and (e) where the registration and conviction of personal information on criminal facts becomes finalized, the Defendant shall be subject to punishment of sexual crimes.