강제추행등
A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On June 5, 2015, the Defendant: (a) committed indecent act by compulsion on the part of the victim F (Influence, age 19) who was carrying things in the D market located in Ulsan-gun, Ulsan-gun, the Defendant committed an indecent act by force by force by putting the victim from the victim’s right away from the victim’s right away to the victim’s knife and bucks.
2. The Defendant, at the time and place described in paragraph 1, committed an indecent act against F, at the time and place described in paragraph 1, committed an indecent act against F, and committed an assault against the victim by satisfing F, the mother of F, who was adjacent to the F, who was the mother of G (F, women, age 48), against his hand.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to police statements made to F and G;
1. Relevant Article 298 of the Criminal Act, Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act and the choice of imprisonment with labor for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The Defendant and defense counsel asserted that the Defendant and defense counsel had a state of mental disability under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed the instant crime under the influence of alcohol.
However, according to the records, although the defendant was found to have drankly drinking at the time of the crime of this case, in light of the motive and background of the crime of this case, the means and method of the crime of this case, the behavior of the defendant before and after the crime of this case, and the circumstances after the crime, etc., it does not seem that the defendant lacks the ability to discern things or make decisions, and Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes does not apply to a sexual crime under the state of mental disorder caused by drinking.
Even if the defendant was in a state of mental disability.