성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Defendant shall be punished by a fine of KRW 1,500,000.
Where a defendant fails to pay a fine, 100,000 won shall be one day.
Punishment of the crime
On September 27, 2017, the Defendant, around 20:40, committed an indecent act against the victim by holding the victim’s bucks down on the side of the victim B (V, 25 years old) in the electric car that proceeds from the station direction of the Sinsan Station in Seoul subway No. 20:40, on September 27, 2017.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness B and C;
1. Application of the photographic Acts and subordinate statutes;
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. The sentencing of the instant crime on the grounds of Article 334(1) of the Criminal Procedure Act requires consideration of the method and content of the instant crime, the attitude of the Defendant, etc. In light of the criminal records and economic status of the Defendant, the sentence as ordered shall be imposed by taking into account all the factors of sentencing indicated in the records, such as the Defendant’s criminal records, sex, environment, family relationship, circumstances after the commission of the crime, etc.
When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 the head of the relevant agency pursuant to Article 43
In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.
Since it is judged, no order of disclosure or notification shall be issued to the defendant.