성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
A defendant shall be punished by imprisonment for not less than five months.
To order the defendant to complete a sexual assault treatment program for 40 hours.
Punishment of the crime
피고인은 2017. 3. 24. 13:00 경 서울 강남구 강남대로 지하 233에 있는 지하철 2호 선 서초 역에서 방 배역 방면으로 진행하고 있던 전동차 내에서 피해자 C( 여, 29세) 의 뒤에 다가가서 발기된 성기를 피해 자의 엉덩이 부위에 대고 비비고 이에 피해 자가 옆으로 자리를 옮기자 다시 피해자의 뒤에 다가가서 발기된 성기를 피해 자의 엉덩이 부위에 대고 비볐다.
Accordingly, the defendant committed an indecent act against the victim in the former vehicle which is a means of public transportation.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the police statement protocol law to C
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;
1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be determined by comprehensively taking account of the following specific circumstances and the sentencing conditions of the accused, including the age, sex, home environment, and circumstances before and after the commission of the crime:
From the beginning, the first step of mistake was observed, and the attitude to reflect in depth was presented, and efforts to prevent recidivism were made.
There are many things.
In agreement with the victim, the victim expressed his/her intention that he/she is not subject to punishment for the defendant.
The accused has two times of fine and two times of suspended sentence of imprisonment and criminal records of the same kind.
In particular, after being sentenced to the suspended sentence of imprisonment due to the same crime, the crime of this case has been committed more than 10 days.
When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, 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 is obligated to submit personal information to the competent agency pursuant to Article 43
The defendant's age, occupation, risk of recidivism, and exemption from the disclosure order and notification order.