성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
A defendant shall be punished by imprisonment for not less than three months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
around 21:00 on March 17, 2018, the Defendant: (a) boarded the victim at a Dong-gu Seoul Central Terminal located in the river basin of Gwangjin-gu, Seoul; (b) boarded the C-high speed bus operated in the echeon Terminal room; and (c) told the victim D (V) who was seated in the side of the e-mail that “Ms shall not late return to the e-mail”; (d) made the victim’s arms and shoulders several times by hand; and (e) committed indecent act on the victim in the mass means of transportation in such a way that the victim’s ambucks and bucks.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes in the statement protocol with respect to E and D;
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of punishment by imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant has no record of punishment for sexual crimes before the instant case, and thus, has a risk of recidivism or recidivism of sexual crimes against him/her;
It is difficult to readily conclude that the registration of personal information on the defendant and taking lectures to treat sexual assault can have the effect of preventing recidivism to a certain extent.
In light of all circumstances, such as the defendant's age, environment, family, and social relationship, there are special circumstances that the disclosure and notification order may not disclose and notify the defendant's personal information, such as the fact that the effect of sexual crime prevention, etc. can be achieved by the disclosure and notification order compared to the disadvantage and anticipated side effects that the defendant may sustain.
[Judgment] Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive on the criminal facts in the judgment that constitute a sex offense subject to the registration of personal information.