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(영문) 서울중앙지방법원 2013.11.29 2013고단5711

강제추행등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 8, 2013, around 11:18, the Defendant committed an indecent act by compulsion against the victim by: (a) finding the victim C (influent, 39 years of age) of the subway No. 7 lines located in Saridong, Dongjak-gu Seoul Metropolitan Government, and committing an indecent act by force by forcing the victim to see the victim’s right at the victim’s right side after the victim’s own victim’s back-hand bucks.

2. 모욕 피고인은 2013. 7. 8. 11:30경 서울 동작구 사당동에 있는 지하철 7호선 이수역 승강장 및 같은 역 지하 2층 고객안전실에서, 주변에 통행하는 사람들과 역무원이 있는 자리에서 위 피해자에게 “니 다리 만졌지, 보지 만졌냐 , 썅년, 미친년”이라고 큰소리로 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 298 of the Criminal Act and Article 311 of the Criminal Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act for probation;

1. The defendant's 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 by the Order to Attend the Republic of Korea asserts that the defendant was in a state of mental disorder or mental disorder, such as that the defendant was drunk at

However, according to the above evidence, although the defendant was found to have a good drinking to a certain extent at the time of committing the crime of this case, the defendant did not have the ability or decision-making ability to discern things at the time of committing the crime, in full view of the background, method, content of the crime of this case, the behavior of the defendant before and after the

Since it cannot be seen as having reached a state or weak, the defendant and the defendant.