강제추행
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On May 13, 2014, at around 23:45, the Defendant committed an indecent act on the part of the victim in a manner that the victim C (the victim 24 years old) gets married in front of a subway No. 7 subway line 2 in the rolling stock station in Seoul Special Metropolitan City, Nowon-gu, in a manner that the victim gets married, and kids the victim's knife with his own hand, and knife the victim's knife.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes of police statement protocol to C
1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The defense counsel's assertion on the defense counsel under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall assert that the defendant was in a state of mental disorder under the influence of alcohol at the time
According to the evidence mentioned above, it does not seem that the defendant was aware that he had a certain degree of drinking alcohol at the time of the crime, but it does not seem that the defendant had a weak 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 the provisions on mitigation under the Criminal Act shall not apply to sexual assault crimes in the state of mental disorder caused by drinking or drugs. In this regard, the defense of counsel is without merit.
The reason for sentencing is that the defendant is a primary offender, reflects on the fact that he/she has agreed with the victim, and all other circumstances, such as the defendant's age, character and conduct, family relationship, motive, means and result of the crime, etc., shall be determined as per the order.
Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information.