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

피고인은 2018. 9. 26. 19:45경 남춘천역 부근을 운행하던 춘천 발 용산행 ITX-청춘 열차 B 내에서 피해자 C(여, 16세)의 옆자리에 앉아서 허공에 뽀뽀를 하는 시늉을 하고, 좌석에서 일어나서 피해자에게 “쟤 졸라 예쁘다”라고 말한 후 다시 피해자의 옆 좌석에 앉았다가 일어나면서 손으로 피해자의 머리를 1회 쓰다듬어 피해자를 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each investigation report and the application of the Acts and subordinate statutes to report the results of investigation;

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

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. The defendant asserts to the effect that he was in a state of mental disability by drinking at the time of committing the instant crime, as to the claim of mental disability under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

However, in light of the circumstances leading up to the instant crime, the means and method of the crime, and the Defendant’s behavior before and after the crime, etc., it may be recognized that the Defendant was under the influence of alcohol at the time of the crime, but it cannot be determined that the Defendant had weak ability to discern things or make decisions.

Defendant’s assertion is not accepted.

The crime of this case on the grounds of sentencing is an indecent act committed by the defendant in an uneasy manner against the minor victim, and thus, it seems that the mental impulses would be reasonable to have been caused by such an indecent act, etc., and there are no records that the defendant was punished for the same kind of crime, and the degree of indecent act is relatively minor, etc., taking into account various factors such as the circumstances favorable to the defendant, such as the character and conduct of the defendant, the environment, the background and motive of the crime