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(영문) 서울남부지방법원 2014.07.07 2014고단1754

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

Where the defendant does not pay the above fine, the 10,000 won shall be the one day.

Reasons

Punishment of the crime

On April 21, 2014, around 08:29, the Defendant committed an indecent act against the victim E (the age of 28) who was waiting for subway to work at the entrance of the subway 1 subway station in Guro-gu Seoul Metropolitan City, Do Man-3-3 exit from the subway station. On April 21, 2014, the Defendant took part of it against the victim’s left side with the hands, and committed an indecent act against the victim at the public densely place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement made to F (person E);

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

1. Articles 70 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 defendant alleged that the defendant was in a state of mental disability at the time of committing the crime of this case due to cerebral illness disorder, etc., and therefore, it seems that the defendant was in a state of mental disorder of class III due to Wononon C, etc., but it seems that the defendant lacks the ability to discern things or make decisions in light of the method of committing the crime of this case and the circumstances after committing the crime, etc., and thus, the above assertion is rejected.

In light of the applicable law, contents, etc. of the crime of this case, although the nature of the crime is not less than that of the crime of this case, it shall be sentenced as ordered in consideration of the fact that the defendant recognized his mistake and against himself, there is no record of punishment, and all of the sentencing conditions, such as the defendant's age, character, conduct and family environment

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, the accused shall be personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.