성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Defendant shall be punished by a fine not exceeding one million won.
Where the defendant fails to pay the above fine, 50,000 won shall be one day.
Punishment of the crime
On June 22, 2013, around 00:40, the Defendant committed an indecent act against the victim in a place where the victim’s right macks down (e.g., 21 years old) was located within the 71-5 large macker room of the distance 1st floor underground of the distance macker Station located in Gangseo-gu Seoul, Gangnam-gu, Seoul, and the victim’s right macks by hand.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statement No. B
1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The Defendant alleged to the effect that the Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime, and thus, the Defendant did not have the ability to discern things or make decisions, even though he was aware that he had drinking at the time of committing the instant crime.
Since it seems that it did not seem to have reached a state or weak, the above assertion is rejected.
Where a judgment of conviction against a defendant on a crime subject to registration of personal information becomes final and conclusive, 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 is obligated to submit personal information to relevant agencies pursuant to Article 43
Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively taken into account the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration to be achieved therefrom, the effect of protecting the victims, etc.