성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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.
Punishment of the crime
The Defendant had committed an indecent act against unspecified women in the subway history and subway stations.
1. On March 19, 2014, at around 20:15, the Defendant committed an indecent act by taking the tboards of the victim C (Inn, 18 years old) who was going up the stairs to transfer from 3 lines to 1 lines in subway 3 lines in Jongno-gu Seoul, Jongno-gu.
2. On March 19, 2014, at around 20:30, the Defendant committed an indecent act, including: (a) the Defendant, by driving the shoulder of the victim D (the age of 52) in his/her hand; (b) the Defendant attempted to capture the victim’s chest.
Accordingly, the defendant committed an indecent act against victims two times in a densely concentrated place.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes on police statements made to C and D;
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. thereof;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The defense counsel on the defense counsel’s assertion under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend and the Order of Community Service, asserts that the defendant was in a state of mental disorder under the influence of
According to the evidence mentioned above, it does not seem that the defendant was aware that he had a certain degree of drinking alcohol at the time of the crime, but it does not seem that the defendant had a weak ability to discern things or make decisions.
In addition, Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that the provisions on mitigation under the Criminal Act shall not apply to sexual assault crimes in the state of mental disorder caused by drinking or drugs. In this regard, the defense of counsel is without merit.
The reasons for sentencing are the defendant.