성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay a fine, one hundred thousand won shall be the day.
Punishment of the crime
On January 31, 2015, around 00:08, the Defendant: (a) was under the influence of alcohol in the Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul High-ro 846 (Yungpo-dong), and was on the top of the square in the direction of the square of the first floor, the Defendant discovered the victim C (here, 28 years of age) who was first on board the escalator, and accessed the victim immediately after the victim, and used the victim’s left buck buck in one time by using the victim’s left hand.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of the Acts and subordinate statutes concerning the photograph of a video closure;
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. As to the defense counsel's assertion under Article 334 (1) of the Criminal Procedure Act of the provisional payment order, the defense counsel asserts that the defendant was under the influence of alcohol or under the weak condition.
However, in light of the background and mode of the instant crime, the Defendant’s behavior before and after the instant crime, etc., it does not seem that the Defendant had no or weak ability to discern things at the time.
Therefore, the above argument is not accepted.
Where a conviction of a defendant against a sexual crime subject to registration becomes final and conclusive with respect to the crime subject to registration, 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 relevant agency
However, the defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, degree and expected side effects of the defendant's disadvantage due to disclosure notification order, prevention and effectiveness of sexual crime subject to registration which can be achieved due to such order, victim.