(영문) 서울서부지방법원 2018.02.21 2015고단3206

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(영문) 서울서부지방법원 2018.02.21 2015고단3206

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, on October 22, 2015, had weak ability to make a decision or to discern things due to a pulmonary disorder, around 17:25, 2015, was passing around the F Station located in Seocho-gu Seoul Metropolitan Government E.

G Buses (H) the next part of the victim I (20 years of age), which is sitting in front of the car by inserting the hand in front of the car, was turned out as the competent part.

The defendant committed an indecent act against the victim at the city bus, which is a densely concentrated place for the public.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes of the I;

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;

2. Article 10 (2) and (1) of the Criminal Act to be mitigated by law;

3. Penalty fine of 1,000,000 won to be suspended; and

4. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse.

5. Determination as to the assertion by the Defendant, etc. under Article 59(1) of the Criminal Act (see, e.g., the fact that the Defendant committed a crime under the state of cardiopulmonary disorder, the first offender who was not subject to criminal punishment, and the victim’s appeal against the Defendant)

1. The defense counsel asserts that the defendant was physically and mentally deprived due to a pulmonary disorder at the time of committing the crime of this case. According to the records of this case, the fact that the defendant had a pulmonary disorder at the time of committing the crime of this case was found to have been in a state of mental and physical weakness. However, the defendant cannot be deemed to have reached a state of "non-existence of ability or decision making ability to discern things due to a pulmonary disorder at the time of committing the crime." Thus, if the defendant did not have such ability, even if he did not have the above ability, the age of medically appraised for the defendant is lower than the criminal minors under Article 9 of the Criminal Act.

Even if so, Article 9 or Article 10 (1) of the Criminal Code cannot be applied to the defendant and the defense counsel.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제11조

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