성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The sentence of sentence against the defendant shall be suspended.
To order the accused to undergo the protective observation for one year.
Punishment of the crime
On July 22, 2016, around 22:20, the Defendant started from the subway 2, subway 393, Seo-gu, Mapo-gu, Seoul, Seodong 393 and arrived at the Gohap Station. On the right side of the victim C (n, 27 years of age) by using a large number of passengers and making use of the gap, thereby making the victim’s right-hand macks over several occasions.
Accordingly, the defendant committed an indecent act against the victim within the former train which is a means of public transportation.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the police statement protocol law to C
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;
2. Fine of 2,00,000 won to be suspended; and
3. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse.
4. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1248, Apr. 1, 2007) (see, 201; Supreme Court Decision 2006Da1448, Apr. 2, 201)
5. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the registration and submission of personal information under the main sentence of Article 16(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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 accused is obligated to submit personal information to a related agency
However, if a judgment of suspended sentence against a defendant is deemed to be acquitted after two years have elapsed without the invalidation of suspended sentence, the person subject to registration shall be exempted from the obligation to submit personal information as a person subject to registration.
The Defendant’s age, occupation, risk of recidivism, and the instant case.