성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
A defendant shall be punished by imprisonment for six months.
The defendant shall order the completion of a sexual assault treatment program for 40 hours.
Punishment of the crime
On April 28, 2017, the Defendant, around 08:40 on April 28, 2017, up to the electric car of subway 2, the subway 229, located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, to the componary basin, with the string of the victim B (V, 57 years of age) who used the congested gap in the length of work, thereby putting the finger back into the victim's straw, thereby gathering the finger.
Accordingly, the defendant committed an indecent act against the victim at a place where public transportation is concentrated.
Summary of Evidence
1. Entry of the defendant in part in the first trial record;
1. The witness B’s legal statement [the victim swears as a witness in this court, and the defendant commits an indecent act on himself at the time and place stated in the facts charged;
The detailed statement was made.
The statements about the defendant's specific attitude of indecent act, the circumstances before and after the case, and the emotional testimony and behavior that the victim saw, etc., are consistent with the statements made by the investigative agency after being investigated.
The content was false and tending without direct experience.
It is born, detailed and specific to the extent that it can not be seen.
In light of the victim's legal statement attitude, damage statements are sufficiently reliable.
From the time of the case to now, the victim only wanting to receive the apology from the defendant, and does not want to punish the defendant.
was made.
No motive can be found to make a false statement of sexual crime damage in order to mislead the victim to be punished for the crime of false accusation and perjury and to mislead the defendant.
Therefore, it is recognized that the defendant committed an indecent act against the victim as stated in its reasoning.
Application of Statutes
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 reasons for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to order the Defendant has been punished for the same crime several times.