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(영문) 서울북부지방법원 2018.02.08 2017고단4840
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On June 27, 2017, around 22:00, the Defendant came to the front side of the subway No. 4, the subway No. 308, the C (Gam, n, 26 years old) of the victim C (hereinafter referred to as the “victim”) who is going to the mutually advantageous station from the edge of the subway No. 308, the length of the 308, the length of which came to the end.

Accordingly, the defendant committed an indecent act against the victim at a place where public transportation is concentrated.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and D;

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. The main sentence of 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.

(C) The Defendant and his defense counsel asserted that the Defendant was physically and mentally deprived or physically weak at the time of the instant crime.

In light of various circumstances, such as the background and means of the crime, the details of the crime, and the defendant's behavior before and after the crime, it cannot be seen that the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime in this case, and thus, the above assertion is acceptable.

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