성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
A defendant shall be punished by imprisonment for four 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
On June 19, 2013, at around 17:07, the Defendant: (a) on the bus platform in the new bus platform in Gangnam-gu Seoul, and was seated above the seat of the victim D (the age of 18) in Gangnam-gu, Seoul, left knee without his hand; and (b) bucks of the victim who was seated with his hand by knekkkket, and bucks over 30 minutes by suckbucks of the victim who was seated with his hand; and (c) fucks of the victim’s left arms by using them several times, the Defendant committed an indecent act on the victim at a public smuggling place.
Summary of Evidence
1. Legal statement of the witness D;
1. Statement made to D by the police;
1. Written statements of D;
1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV image securing, etc.);
1. Relevant legal provisions on criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment [see, e.g., the fact that the defendant denies and does not reflect the crime even though he/she appears to have considerable mental suffering from the crime of this case, and that the defendant again commits the crime of this case although he/she had the record of being sentenced to a fine for a sex crime
1. Article 62 (1) of the Criminal Act in the suspension of execution (In consideration of the fact that the defendant has no record of punishment heavier than imprisonment without prison labor);
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;
1. The defendant and his/her defense counsel's assertion on the claim of the defendant and his/her defense counsel under Article 186 (1) of the Criminal Procedure Act that the defendant had a physical contact with the victim who was seated adjacent to the bus and did not commit an indecent act such as those stated in the facts charged, and there was no intention to commit an indecent act.
The victim consistently stated the content of the damage, the victim seems to be able to sufficiently distinguish whether the defendant was inevitably contacted or intentionally committed an indecent act at the age of 18 years at the time, and the victim was able to know the fact that he was indecently committed on the driver while getting off the bus and getting off from the bus.