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(영문) 서울동부지방법원 2015.11.26 2015고단1597
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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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

The Defendant had weak ability to discern things or make decisions due to the unknown mental retardation, depression, etc.

around 19:00 on May 21, 2015, the Defendant: (a) up to the subway 2 lines D located in Gangnam-gu Seoul Metropolitan Government, and (b) up to 2 lines D located in Gangnam-gu Seoul Metropolitan Government, and (c) up to 30 years old, the Defendant put the victim’s left side with his hand.

Accordingly, the defendant committed an indecent act against the victim in the electric car, which is a place where the public is concentrated.

On March 10, 2015, the Defendant: (a) around 18:11 on March 10, 2015, at the subway 3 lines located in Seocho-gu Seoul, Seoul, to the shift station through the Southern Terminal Station, and (b) on the halfline, the Defendant 1 took up twice the victim’s right bucks.

Accordingly, the Defendant committed an indecent act against the victim on the electric car, which is a place where the public is concentrated.

Summary of Evidence

"2015 Highest 1597"

1. Legal statement of witness E;

1. Statement to E by the police;

1. The 2015 Highest 2123 of the suspect's photograph;

1. Legal statement of the witness H;

1. The police statement of H;

1. Investigation report (specific suspect);

1. Application of the Acts and subordinate statutes on arrest of Defendant

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

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the Defendant exempted from an order to attend a course or order to complete a program shows detailed mental retardation and depression, and thus it is difficult to expect the effect of education due to an order to attend a course or order to complete a program and prevention of recidivism (see, e.g., the results of a prior examination and diagnosis).

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