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(영문) 수원지방법원 성남지원 2017.07.14 2017고단299
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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 January 28, 2017, at around 18:20 on January 28, 2017, when the train gets on a cronon vehicle in the Gangnam-gu Seoul rolling stock station and passes through D station, the tboard of the victim E (17 years old) seated on the left side of the defendant, was placed under the left hand.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines 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. The Defendant and the defense counsel’s assertion on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order asserts to the effect that the Defendant had a mental and physical weak state due to the pulmonary disorder, developmental disorder, Audio-Ma, shocking disorder, shock disorder, etc. at the time of the instant case.

However, according to the evidence duly adopted and examined by the court, the defendant seems to have suffered from a third degree disability and thus, he/she seems to have suffered from a self-defensive disorder, etc. on the other hand, on the other hand, he/she may lead a working life after his/her graduation from the school, and make a relatively clear statement at an investigative agency about the crime of this case while making a statement. Thus, the defendant was in a state where the defendant lacks the ability to discern things or make decisions due to the above disability

It is difficult to recognize it.

Therefore, the above assertion by the defendant and defense counsel is without merit.

The reason for sentencing is the defendant having the same criminal record, and the risk of recidivism seems to be high if proper treatment is not given in the future, and in particular, the defendant committed the crime in this case without being aware of it even though he was under the suspension of execution according to the same criminal record.

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