성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
A defendant shall be punished by imprisonment for six months.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Criminal facts
On June 17, 2019, at around 08:50 on June 17, 2019, the Defendant used a lot of gap among passengers in the subway line 4 in subway line 1, which is located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, to operate as a dong Station Cultural Park Station. The Defendant used a lot of gap among passengers in the dong Station, thereby having three times the sexual flag that occurred above the part of the victim B.
Accordingly, the defendant committed an indecent act against the above victim in means of public transportation.
Summary of Evidence
1. Application of Acts and subordinate statutes to the police statement of the defendant 2 and B (tentative name);
1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;
2. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
3. The reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities has the record of having been punished three times for the same crime, and the defendant again committed the crime of this case even during the suspended execution period, and the defendant cannot be punished strictly in light of the fact that he/she did not receive a letter from the victim.
However, if a conviction on a sex offense subject to registration becomes final and conclusive in light of the fact that the defendant recognizes the facts charged and reflects on the defendant's age, character and conduct, environment, family relationship, the degree of the indecent act in this case, circumstances after the crime, etc., and other circumstances, 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 relevant agency pursuant to Article 43
The defendant may sustain due to the age, occupation, family relationship, risk of recidivism, details and motive of the crime, method and seriousness of the crime, disclosure order or notification order, of the defendant exempted from disclosure order and notification order.