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(영문) 서울중앙지방법원 2015.05.01 2015고단574

강제추행

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 21:30 on December 30, 2014, the Defendant committed an indecent act by force against the victim, including: (a) at the entrance of the entrance of subway No. 2, subway No. 1, the subway No. 2 located in the Mapo-gu Seoul, Jung-gu, Seoul, the Defendant discovered the victim B (n, the age of 18), who was in a mobile phone call (n, the age of 18), and the victim’s her her ambane,

Summary of Evidence

1. Defendant's legal statement;

1. The Defendant’s argument on the Defendant’s written statement B and C argues that he was in a state of mental and physical disability while being drunk at the time of the instant crime. As such, according to each of the above evidence, it cannot be deemed that the Defendant was aware that he had drinking alcohol at the time of the instant crime, but did not seem to lack the 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 "where a sexual crime is committed in the state of mental disorder caused by drinking or drugs, Article 10 (1) and (2) of the Criminal Act may not apply." Thus, it is not appropriate to apply Article 10 (1) and (2) of the Criminal Act to a sexual crime committed by a defendant on the grounds that the defendant is against the victim.

Therefore, the defendant's above assertion is not accepted.

Application of Statutes

1. Relevant Article 298 of the Criminal Act and Articles 298 of the Criminal Act concerning criminal facts, the choice of fines (not including a previous criminal record for the same offense, and an agreement with the victim

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. Where a conviction of a defendant against a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act 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 the competent authority pursuant to Article 43 of the same Act.