Text
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
피고인은 2014. 5. 7. 08:57경 서울 동작구 남부순환로 2089에 있는 지하철 2호선 사당역에서 방배역 방향으로 가는 전동차 안에서, 주변이 혼잡한 틈을 이용하여 피해자 C(여, 22세)의 등 뒤에 바짝 붙어 선 상태로 피고인의 성기를 피해자의 엉덩이에 붙이고 비벼댔다.
Accordingly, the defendant committed an indecent act against the victim in the subway train, which is a place where the public is concentrated.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the police statement to C (victims);
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;
1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act
1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that constitutes a sex offense subject to registration, etc. under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused 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 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, motive, method, consequence and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order of disclosure or notification, the prevention of sexual crimes subject to registration that may be achieved thereby, and the effect of protecting the victims thereof, etc.