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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
피고인은 2018. 6. 20. 08:14 경 서울 동작구 노량진로 130에 있는 지하철 9호 선 노량진 역에서 고속 터미널 역 쪽으로 운행하는 급행 전동차 객실 안에서 승객들이 밀집하여 있는 틈을 이용하여 피해 자의 등 뒤에 밀착하고 서서 피고인의 신체 전면 부로 문지르고, 피해자의 엉덩이에 피고인의 성기를 접촉하고 비볐다.
Accordingly, the defendant committed an indecent act against the victim in a concentrated public transportation means by the public.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Investigation Report - The background of crackdown - the contents of witness witness of the case and the date of the case - The suspect behavior - the victim's statement at the daily site of the case up to
1. Application of the Acts and subordinate statutes to photographs of motion pictures;
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Criminal Crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The grounds for sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend the Republic of Korea are as follows: (a) considering the following circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime; and (b) the circumstances after the commission of the crime, and all of the sentencing conditions indicated in
Unfavorable circumstances: the defendant has experience of the same kind of crime twice.
The favorable circumstances: The defendant recognized all of the crimes of this case.
In order to prevent recidivism in the future, the defendant is faithfully receiving mental treatment such as pharmacologic treatment and psychological treatment.
Where a conviction becomes final and conclusive on the criminal facts of this case, which are sex offenses 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same
The release and notification of personal information and the order of restriction on employment shall be exempted.