성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The sentence against the accused shall be 2,00,000 won.
When the defendant does not pay a fine, 100.
Punishment of the crime
On September 4, 2017, around 08:36, the Defendant committed an indecent act against the victim of about 20 minutes in a manner of raining her sexual organ to the front macker of the victim C (V, 26 years old) in the front line of subway 9 that was operated in the direction of new active duty service in the Shisan Station of Yeongdeungpo-gu Seoul Metropolitan Government Pyeong-ro 40, the Defendant committed an indecent act against the victim of about 20 minutes of the sexual organ.
The Defendant committed an indecent act on people in means of public transportation.
Summary of Evidence
1. Partial statement of the defendant;
1. The witness C’s legal statement (the victim’s sexual organ at this court and investigative agency consistently and specifically stated the victim’s location and content at the time of the crime, and the victim’s her sexual organ at the time of committing an indecent act, and the her sexual organ at the time of committing an indecent act, and the situation before and after committing an indecent act, etc., and the victim’s false statement does not appear to be any other circumstance.
In light of the victim's attitude of statement in this court, the victim's statement is reliable.
According to the evidence of the judgment, the defendant can be found to have committed an indecent act by force against the victim.
Application of Statutes
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. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., the Defendant’s personal information may not be disclosed or notified. In full view of Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism).