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대구지방법원 서부지원 2018.07.12 2017고단2995
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 15:30, 2017, the Defendant, at the line platform of the D Station 2 located in Junggu-gu, Daegu-si, Daegu-si, and after the victim E (V, 23 years old) boarding the subway, the lower part of the victim's her her her her her her her her her her her her her her her her her hers

Then, the Defendant got off the part of the victim's private capital in front of the entrance in the F Station 2 located in the Seogu-gu, Daegu City, 15:35 on the same day, and the other part of the victim's private capital in front of the entrance.

Accordingly, the defendant committed an indecent act on the victim in public means of transport twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of each statute on photographs;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse, Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on each crime in the judgment that is a sex offense subject to the registration of personal information under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 50 of the Act on the Protection of Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to the competent agency

The circumstances favorable to the reasons for sentencing: The defendant's perception of the crime of this case is against the defendant, and the defendant has no record of criminal punishment heavier than the suspension of execution: The defendant committed an indecent act against the victim in succession within the subway stations and subway stations, which are public concentrated places, and the attitude of such act is bad.