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(영문) 서울북부지방법원 2016.04.21 2016고단112
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On November 3, 2015, at around 01:18, the Defendant committed an indecent act against the victim in soup, soup, at the fourth floor of “C” located in the Namdong-gu Incheon Metropolitan City, Seoul, the fourth floor of “C” with the husband, and at the soup, the victim D (the 55-year-old-old-old-old-old-old her husband), who was locked with the husband one time with his her son’s son.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes governing CCTV images;

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

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. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The Defendant asserts that the Defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of the instant crime.

Although the Defendant was in a drunken state at the time of committing the instant crime, in light of various circumstances, such as the background and means of the instant crime, the details of the crime, and the Defendant’s behavior before and after the instant crime, the Defendant cannot be deemed to have had the ability or ability to make a decision under the influence of alcohol at the time of committing the instant crime, and thus, the foregoing assertion by the Defendant cannot be accepted.

registration and submission of personal information.

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