성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
A defendant shall be punished by imprisonment for not less than eight 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 August 19, 2015, at around 18:35, the Defendant committed an indecent act against the victim by making up the victim’s bucks only on the side of the victim D (n, 20 years of age), which was located in the front of the entrance from the electric train of subway 2 lines located in Dongjak-gu Seoul Metropolitan Government.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the police statement law to D;
1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing in Articles 16(2) through (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Course, and Article 62-2 of the Criminal Act, even though the defendant had three times the records of the same crime, including one time before and after the same suspension of execution, and in addition, the defendant, who has committed the instant crime, has a duty to submit personal information to a related agency pursuant to Article 43 of the same Act, in a case where the conviction of the defendant against the crime in the judgment, which is a sex crime subject to registration of personal information, is finalized by taking into account all of the sentencing factors specified in the defendant's age, occupation, character and behavior, family relationship, circumstances after the crime, etc. and arguments, taking into account the defendant's age, occupation, personality and behavior, family relationship, etc. and the criminal
In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects (including two children) of the Defendant’s entrance due to the Defendant’s age, occupation, risk of repeating a crime, seriousness of the crime, disclosure order or notification order, and the prevention and effect of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection