성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On September 8, 2015, at least 08:22, the Defendant committed an indecent act against the victim for about five minutes, following the victim C (V, 23 years of age) who was in a concentrated passenger crepanion in the subway station located in the new subway station in Guro-gu Seoul Metropolitan Government, with the part of the Defendant’s sexual flag being closely adhered to the victim’s ambane located in the front line.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the police statement protocol law to C
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;
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. Where a conviction on a sex crime subject to registration becomes final and conclusive under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 obliged to submit personal information to the relevant agency pursuant to Article 43 of the same Act.
In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the prevention of sexual assault crimes that may be achieved therefrom, and the effect of protecting the victims thereof, there are special circumstances in which the disclosure of personal information may not be notified pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.
Since it is judged, no order of disclosure or notification shall be issued to the defendant.
The reasons for sentencing are as follows.