성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On October 12, 2013, at around 17:52, the Defendant was on board the bus No. 711 at the bus stop located in the Gangseo-gu Seoul Metropolitan Government, Seo-gu, Daejeon, and was on two occasions inside the buckbucks of the victim C (V, 21 years old) who was seated immediately back of the bus and was seated immediately back of the bus.
Accordingly, the defendant committed an indecent act against the victim at the city bus which is a means of public transportation.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement to C by the police;
1. CCTVs for buses No. 711;
1. Application of CCTV image Acts and subordinate statutes;
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;
1. Article 62 (1) of the Criminal Act;
1. If a conviction on the facts of a sex crime subject to registration and submission of personal information is confirmed, in view of the fact that there is no previous conviction in the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the degree of indecent act, etc., 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 the defendant is obligated
Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be ordered to disclose or notify personal information to the accused, in full view of the Defendant’s age, occupation, risk of recidivism, motive for, method of the crime in this case, seriousness of the crime, and anticipated side effects of the crime, the disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the prevention of sexual crimes subject to registration which may be achieved thereby, and the effect of protecting the victims thereof, etc.
It is so decided as per Disposition for the above reasons.