성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On September 29, 2014, at around 23:30, the Defendant committed an indecent act against the victim in means of public transportation, such as: (a) the victim D (a) who was seated in his seat in the subway line 3 lines operated from the high speed terminal station in Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, in a number of times, kneeing knee in the victim’s face; and (b) the Defendant committed an indecent act on the victim’s face.
Summary of Evidence
1. Defendant's legal statement;
1. The defendant's assertion of the police statement protocol as to D and his defense counsel asserted that he had no memory under the influence of alcohol at the time of the crime of this case. Thus, 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 crime of this case, but it lacks 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, we cannot accept the above argument of the defendant and defense counsel.
Application of Statutes
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;
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 the accused is finalized on the criminal facts subject to registration of personal information under Article 334(1) of the Criminal Procedure Act, the accused shall be punished, etc. of sexual crimes.