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(영문) 수원지방법원 2018.02.19 2017고정1004

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On November 24, 2016, at around 13:00, the Defendant: (a) committed an indecent act by committing an indecent act on the part of the victim D (m, 20 years old) who was sitting in front of the lower door of the bus in the C bus moving from Suwon-si to a bus stop stop located at 126-ro 11, Sin-ro, Young-gu, Suwon-gu, Suwon-si, Suwon-si, Seoul, with the victim D (m, 20-ro) who was sitting in front of the lower door in the C bus moving from Suwon-gu, Suwon-si, Sin-si, Suwon-si, 126.

2. On November 26, 2016, around 12:00, the Defendant committed an indecent act by reporting the Victim F (hereinafter, 21 years of age) who was seated adjacent to the lower door of the bus located adjacent to the instant bus in Young-gu, Young-gu, Suwon-si, Suwon-si, Suwon-si, as of November 26, 2016, by using his/her buckbuckbbbbbs on one hand and using his/her face on the shoulder of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness D and F;

1. The defendant's judgment on the assertion of mental and physical weakness of each CCTV video CD is deemed to have a mental disorder, but in light of the circumstances leading up to each of the crimes of this case, the speech and behavior at the investigation agency and this court after the crime, and the degree of the defendant's intellectual disability, etc., the above assertion by the defense counsel is not accepted.

Application of Statutes

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Detention in a workhouse (when a sentence of suspension of execution is invalidated or revoked, the amount of fine shall not be paid) under Articles 70(1) and 69(2) (one hundred thousand won per day) of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Considering the circumstances such as the fact that the defendant has a mental disorder and is against his wrong mind, the first offender who has no previous record, and the fact that the sexual assault counseling center for the disabled has received cognitive treatment);

1. The case of the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a course (in light of the defendant's intellectual disability, etc.);