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(영문) 서울중앙지방법원 2015.11.27 2015고단6486

강제추행

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around 00:00 on June 3, 2015, the Defendant expressed the victim C (n, 26 years of age) of Russian nationality in front of Seocho-gu Seoul Metropolitan Government, “Ah, Geh, Geh, Heh, Heh, Heh, Heh, Heh,” and forced the victim to commit an indecent act against the victim by snicking her her turbane.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Application of Acts and subordinate statutes to report on investigation (to listen to a witness's oral statement at a shot D phone, witness E phone statement hearing);

1. Article 298 of the Criminal Act applicable to the crimes;

1. Optional fine;

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. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserted that he was in a state of mental disorder or mental disorder under the influence of alcohol at the time of committing the instant crime. Thus, according to each of the above evidence, even though he was found to have drinking alcohol at the time of committing the instant crime, it cannot be deemed that the Defendant did not have or 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, the defendant's above assertion is not accepted.

The reason for sentencing recognizes the defendant as a principal offender and reflects his mistake. The criminal facts of the judgment, which are sex crimes subject to registration of personal information, are sex crimes subject to registration, in which the victim paid KRW 10 million to the victim during the trial of this case and the victim did not want to be punished against the defendant.