beta
(영문) 수원지방법원 2017.03.09 2016고단6552

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

The defendant is a second-class disabled person with autism.

On September 20, 2016, around 08:25, the Defendant committed an indecent act by force by force, on two occasions, at the bus stops near the second main vice head of the D Park, which is located in Young-gu, Suwon-si, Suwon-si, the Defendant: (a) the shoulder of the victim E (V, 17 years of age, and household name) waiting for buses by hand hand hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The Defendant’s defense counsel held that the mental and physical weakness of Article 334(1) of the Criminal Procedure Act was in a state of mental and physical weakness due to a pulmonary disorder at the time of committing the instant crime.

Therefore, according to the records, it is acknowledged that the defendant received medical treatment at the second degree of self-defence disorder, but in light of the circumstances leading to the crime of this case, the method and method of the crime, the behavior at the time of the crime, and the circumstances before and after the crime, etc., the defendant cannot be deemed to have reached a state where the defendant lacks the ability to discern things or make decisions due to the pulmonary disorder at the time of the crime. Thus, the above assertion is rejected.

The grounds for sentencing include the following factors: (a) the motive and content of the instant indecent act; (b) the victim’s intent to punish the victim; and (c) the Defendant was subject to a disposition of suspending indictment for the same kind of crime; (d) the Defendant reflects the Defendant’s mistake; (b) the Defendant has no previous conviction except the disposition of suspending indictment; (c) the degree of prosecution is weak; and (d) the Defendant is being treated as class 2 of the self-defeit disorder; and (e) the sentencing conditions indicated in the records, such as the Defendant’s age, sex behavior, environment, family relationship, circumstances after the commission of the crime, etc., shall

The registration and submission of personal information shall be made.