성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
피고인은 2013. 4. 23. 18:55경 서울 서초구 서초동에 있는 지하철3호선 교대역에서 고속터미널역 방향으로 운행하는 전동차 안에서 주변이 혼잡한 틈을 이용하여, 고소인 B(35세, 여)의 등뒤에 밀착하여 성기를 엉덩이에 붙인 체 비벼댔다.
As such, the defendant committed sexual indecent acts that cause sexual health to the complainants within the previous dynamics where the public is concentrated.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of the Acts and subordinate statutes to the complaint;
1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Order to complete a program (the defendant was ordered a fine of two million won for the same kind of crime in 2008, and was sentenced to a fine of five million won by indecent act in 2013, taking into account these records) Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes
1. Where a conviction of a defendant against a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act 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 a related agency pursuant to Article 43 of the same Act
In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the personal information shall not be disclosed and notified in accordance with the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.