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(영문) 서울남부지방법원 2018.11.09 2018고단3352
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant was in a state with disabilities such as intellectual disability second degree, which lacks the ability to discern things or make decisions.

On May 23, 2018, around 17:30 on May 23, 2018, the Defendant committed an indecent act against the victim in a way that the victim’s right macks down to the left part of the victim’s left mack, macks down to the back of the victim’s mack and hand, and macks down to the right part of the victim’s right macks to get off from the front mack, and macks the victim’s right macks to the right mack from the front mack.

Accordingly, the defendant committed indecent acts against the victim in the public transportation means which are densely concentrated places by the public.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B, C, and D;

1. Application of Acts and subordinate statutes to investigation reports (Submission of suspect's diagnosis reports, etc.), psychological evaluation reports, and prescription preparation statements;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of the instant crime on the grounds of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is based on the following factors: (a) Defendant’s pointed out, psychological disability (limited to Grade II I Q Q67, social age 7, and age 2 months); (b) economic situation (the fact that a person is receiving social adaptation training while living in the facility as a recipient of basic living security); and (c) criminal record relation (no special criminal record exists in addition to a violation of traffic laws on the road, on 2001), etc.; and (d) comprehensively considering all the sentencing conditions indicated in the records, such as Defendant’s age, sexual behavior, environment, family relationship, circumstances after the commission of the crime, etc., the sentence of the same sentence

When a conviction on the facts constituting a sex offense subject to registration and submission of personal information is confirmed, the accused shall be a sexual crime.

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