(영문) 광주지방법원 2017.01.13 2016고단4685

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(영문) 광주지방법원 2017.01.13 2016고단4685

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등

Text

1. The sentence shall be suspended against the defendant;

2. Prosecutions as to assault among the facts charged in the instant case are prosecuted.

Reasons

Punishment of the crime

The defendant was a person with a intellectual disability 2 who lacks the ability to discern things or make decisions.

On August 10, 2016, at around 10:50, the Defendant discovered that he was seated in the rear seat of the bus F (F. 22 years old) in D urban bus (E) near Gwangju Northern-gu, Gwangju-gu, and attempted to commit an indecent act by committing an indecent act against the victim by breaking up the victim’s seat next to the victim with his intention to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the police statement protocol with respect to F;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;

1. Articles 10 (2) and 10 (1) and 55 (1) 6 of the Criminal Act (person with mental or physical weakness) of the Criminal Act mitigated by law;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (the defendant is led to confession and is against himself.

The defendant seems to have committed the crime of this case in a state of mental and physical weakness as a person with intellectual disability 2, and the defendant's parents are to faithfully guide and supervise the defendant.

The injured party shall not want the punishment of the defendant under agreement with the defendant.

The defendant is the first offender.

In addition, the sentence shall be suspended in consideration of the circumstances that form the conditions for sentencing as shown in the records, such as the age, sex, motive and consequence of the crime, and the circumstances after the crime.

Where a conviction becomes final and conclusive on the criminal facts stated in the ruling to register and submit new information, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

except that the defendant.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제11조

-성폭력범죄의 처벌 등에 관한 특례법 제42조 제1항

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