Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

피고인은 2016. 3. 3. 19:15 경 서울 서초구 C에 있는 지하철 9호 선 D에서부터 서울 동작구 현충로 220 지하철 9호 선 동작 역 승강장에 이르기까지 그 곳을 통과하는 전동차 안에서 피고 인의 앞에 등을 보이며 서 있는 피해자 E( 여, 35세) 의 엉덩이 부위에 피고인의 성기 부위를 밀착한 채 비볐다.

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 Acts and subordinate statutes of E;

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 Aggravated Punishment (Taking into account the selection of punishment, the initial crime and the reflection thereof, etc

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. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the Defendant becomes 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 the competent agency pursuant to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sexual assault crime subject to registration that may be achieved therefrom, the effect of protecting the victims thereof, etc., there are special circumstances under which the disclosure of personal information may not be announced pursuant to Articles 47(1) and 49(1) proviso 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, the court did not issue an order of disclosure and notification to the defendant.