Text
The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
피고인은 2015. 4. 1. 21:45경 지하철 1호선 용산발 동인천행 제1187 급행전동차 객차 내에서 피해자 D(여, 25세)에게 다가가 손으로 피해자의 엉덩이를 약 15회 가량 비비고 계속하여 30초 후에 손으로 피해자의 엉덩이를 5회 비볐다.
Accordingly, the defendant committed indecent acts against the victim in means of public transportation.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on the statement of victim D;
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;
1. Articles 70(1) and 69(2) of the Criminal Act for the confinement in a workhouse (where a suspended sentence is imposed and the defendant does not pay a fine, the defendant shall be confined in a workhouse for the period calculated by converting 100,000 won into one day);
1. The sentence to be suspended under Article 59(1) of the Criminal Act: The reason for the suspended sentence of a fine of one million won is that the form of crime in this case is relatively weak.
The defendant recognizes a crime, and seriously reflects such as an agreement with the victim, and the victim does not want the punishment of the defendant.
The accused and the accused have no record of punishment, except for the past offense of a fine for life in 2004 and once.
In the future, the defendant has not been able to prevent recidivism and have a healthy life.
In addition to the above circumstances, when considering the conditions of sentencing as stipulated in Article 51 of the Criminal Act, namely, the age, character and conduct, intelligence and environment of the offender, relationship with the victim, motive, means and consequence of the crime, the defendant is remarkably dead, and thus, the sentence is suspended against the defendant.
Where a conviction of a defendant is finalized on the criminal facts in the judgment that are subject to registration and submission of personal information, 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 such person is a related agency pursuant to Article