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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Criminal facts
On July 6, 2018, at around 23:30, the Defendant, at the room of “Dju store” operated by the Victim C (Inn, 57 years of age), committed indecent act by force on the part of the victim C, by causing a sudden desire while under the influence of alcohol to “I am a large amount of drinking, I am a match.”
Then, the Defendant told the victim E (here, 30 years of age), who is the father of the victim C, in the studio and in the studio, called “Is the victim E,” and said, the victim E, “Is this fact, so if you can take place, if you can do so, you can do so?” and the victim E, who was able to do so, made a indecent act against the victim’s will by force by force by force by force, by putting the victim E’s right chest on one occasion in a state where the victim E was able to do so with the end of the time.”
Summary of Evidence
1. Partial statement of the defendant;
1. Each police statement of C and E;
1. A report on internal investigation (report on the attachment toCCTV and the reading content);
1. The Defendant asserts to the effect that, under the influence of alcohol at the time of the instant case, the Defendant was in a state of mental disorder or mental retardation.
According to the evidence, the fact that the defendant was in a drinking condition at the time of the crime of this case is recognized.
However, in full view of the background and method of the instant crime, the Defendant’s behavior before and after the instant crime was committed, it is difficult to deem that the Defendant had lost or weak ability to discern things or make decisions due to the alcohol at the time.
In addition, even if the defendant is found to have committed a sexual crime due to drinking, it is difficult to view that Article 10(1) and (2) of the Criminal Act should be applied to the defendant in light of the provisions of Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Special Cases Concerning the Punishment of Criminal Crimes).