beta
(영문) 서울중앙지방법원 2015.06.05 2015고단2484

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 2, 2014, at around 08:45, the Defendant committed soup crying act on the side of the victim D (the age of 21) located in Busan Jin-gu B, Busan, resulting in an indecent act on the part of the victim D (the age of 21).

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant's mental and physical assertion and judgment on D's written statement of the police at the time of the crime in this case alleged that the defendant was in a mental and physical state for drinking alcohol exceeding the main amount at the time of the crime in this case. Thus, according to the evidence duly adopted and examined by this court, the defendant can be acknowledged as having drinking alcohol at the time of the crime in this case, but it cannot be seen that the defendant did not have the ability to discern things or make decisions, and thus, the above assertion cannot be accepted.

Application of Statutes

1. Relevant Articles of the Act on Criminal Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment.

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act - The reason for sentencing under Article 334(1) of the Provisional Payment Order - There is no record of punishment, and the mistake and reflects - the unfavorable circumstances: Where the conviction of the defendant against the crime subject to registration of a sex crime subject to registration 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 is obligated to submit personal information to the competent

The defendant's age, occupation, risk of recidivism, type, motive, process, result, and result of the crime of this case.