Text
The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
피고인은 2016. 10. 6. 07:55 경 서울 강북구 D에 있는 지하철 4호 선 미아 사거리 역 방면에서 서울 중구 장충단 로 230에 있는 동대문역사문화공원 역 방면으로 운행하는 전동차 안에서 피해자 E( 여, 30세) 의 뒤쪽에 바짝 붙어 선 채 약 15분 가량 자신의 발기된 성기 부위를 피해 자의 엉덩이 부위에 밀착시킨 후 비볐다.
Accordingly, the defendant committed an indecent act against the victim in the former vehicle which is a means of public transportation.
Summary of Evidence
1. Statement by the defendant in court;
1. A E-document;
1. Application of Acts and subordinate statutes to report on investigation (a photograph of a suspect at the scene of crime);
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;
1. Penalty fine of 2,00,000 won to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;
1. According to the reasons for sentencing under Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence (hereinafter the sentencing is more favorable in consideration of the following circumstances), the sentencing conditions as indicated in the pleadings, such as the method and form of the instant crime, the Defendant’s age, sex, criminal conduct, home environment, and circumstances before and after the instant crime, shall be determined by comprehensively taking into account the following factors
From the time the crime was discovered at the site, the intention of the crime against the victim was expressed and the attitude was expressed to reflect in depth.
According to the agreement with the victim, the victim expressed his/her intention that he/she would not be punished and the wife for the defendant.
There is a previous conviction of a fine on one occasion due to driving without a license before 15 years, but there is no other history of punishment.
It is making efforts not to repeat a crime, such as receiving psychological counseling treatment by himself/herself.
When a conviction on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, 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 Article 43 of the same