A defendant shall be punished by imprisonment for six months.

Punishment of the crime

피고인은 2015. 4. 17 18:20경 서울 노원구 월계동에 있는 지하철 1호선 석계역을 운행하는 전동차 안에서, 피해자 C(여, 33세)가 임산부로서 몸이 불편해 노약자석에 앉아있는 것을 보고 발로 피해자의 가방을 차며 “장애인이세요 장애인이냐고”라고 묻고, 피해자가 옆 사람을 통해 임신 10개월차임을 알려주었음에도 계속하여 위협적인 태세로 피해자의 앞에 서 있다가 피해자로부터 “사과하세요”라는 말을 듣자, “임산부 내가 뭘 사과해”라고 하며 발로 피해자의 가방을 5~6회 차고, 손바닥으로 피해자의 양쪽 뺨을 약 10회 때려 폭행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Direction and proposal of investigation;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Grounds for sentencing under Article 260 (1) of the Criminal Act with respect to the facts constituting the crime;

1. Scope of applicable sentences by law: one month to two years; and

2. Victims who are vulnerable to crimes in the aggravated area (4 to 1 year) of Category I (General Violence) (4 to 1 year) of the Sentencing Guidelines (Enforcement on May 15, 2015).

3. The Defendant, who has been sentenced to sentence, committed an indecent assault against the victim, who is female female in pregnancy 10 months on the ground that he/she was seated in subway seat, in light of the method, background, mode, etc. of the crime and the nature of the crime, such as how to commit the crime, how to commit the crime, how to commit the crime, how to commit the crime, how to commit the crime, etc., the Defendant does not express his/her opposition or intention to be punished by violence even before this Court, and the Defendant has the record of being punished by a fine by violence, and other all the sentencing factors indicated in the records of this case, such as the background, form, circumstances after the crime, the Defendant’s age, character and conduct, and environment, shall be determined as ordered by the sentence.

It is so decided as per Disposition for the above reasons.