성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On December 12, 2016, at around 08:35, the Defendant committed an indecent act against the victim on the electric car of the means of public transportation, such as rain, etc., by closely sticking his or her sexual flag to the lower part, after the right side of the victim C (the victim 23 years old), in the electric train of subway No. 4, which is operated as the air protection area in the Dong-gu Station located in Jongno-gu Seoul, Jongno-gu, Seoul. 120.
Summary of Evidence
1. Partial statement of the defendant;
1. C’s statement;
1. C’s statement (the victim’s statement is recognized in light of the victim’s act, content of damage, the victim’s perception and response, the consistent and specific circumstance before and after the crime, the victim’s statement does not appear to be false, and its credibility is recognized in light of the victim’s statement’s attitude in this court.
The defendant's act is judged to be out of ordinary physical contacts between passengers within the blateral vehicle, and the victim's act is not likely to mislead the defendant's act.
Therefore, it is recognized that the defendant committed an indecent act against the victim in the statute.
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.
The reasons for sentencing are as follows.