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(영문) 서울서부지방법원 2016.01.27 2015고단1523
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 25, 2015, around 22:45, the Defendant reported the victim E (the age of 25) (the age of 25) located at the train that operates subway 2 lines D located in Guro-gu Seoul Metropolitan Government, Guro-gu, and caused the sudden desire to commit an indecent act against the victim.

In other words, the Defendant was forced to commit an indecent act on the part of the public transportation means where the victim was frighted with her mar with her gender, her mar over three times, and her mar was frighted.

Summary of Evidence

1. Partial statement of the defendant;

1. The defense counsel's assertion on the witness E's legal statement asserts that the defendant had a intellectual disability and was in a state of mental and physical loss or mental weakness since he was under the influence of alcohol at the time of the crime of this case. Thus, according to each of the above evidence and evidence submitted by the defense counsel, the defendant was incorporated into the second citizen's station without delay in the spirit of longitude. The fact that the defendant was under the influence of alcohol immediately before the crime of this case is recognized, but it cannot be deemed that the defendant did not have the ability to discern things or make decisions, and thus, the above assertion by the defense counsel cannot be accepted.

Application of Statutes

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. If a conviction on a sex crime subject to registration becomes final and conclusive, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, of the Criminal Procedure Act, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of

An order to disclose or notify personal information shall be exempted.

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