(영문) 서울서부지방법원 2018.11.21 2018고정639

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(영문) 서울서부지방법원 2018.11.21 2018고정639

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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Defendant shall be punished by a fine of KRW 3,000,000.

10,000 won, which is not paid by the defendant, shall be one day.

Reasons

Punishment of the crime

On March 16, 2018, around 05:15, the Defendant, at around 05:15, got out the victim E (V, 32 years of age) who was locked in the nearest area of the C Bathing beach in Suwon-gu, Busan, and was able to do so.

Accordingly, the Defendant committed soup, which is a place where the public is concentrated, indecent act on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Part of the statement (including E and photographs) of the police interrogation protocol (2 times) concerning the accused;

1. Statement made by the police for E;

1. Investigation report (Evidence record 65 pages);

1. A criminal investigation report (attaching a list to handle reported cases) (112);

1. On-the-spot photographs (the victim reported 112 to this court, and the victim went back to his left part in a soup and soup, etc., after the defendant singly sing the defendant himself, sing out, and singing up, so that the defendant continued to have the defendant sing down until the police took place, even though he sing out the defendant, and then sing out him.

The statement is made, and the content of the investigation report by the police officer of the dispatch that the defendant was taking soup by the witness F, a staff member of the soup that the defendant was taking soup, and that the defendant was taking out at the time of the dispatch, corresponds to the above statement by the victim. On the other hand, the defendant was taking a significant amount of alcohol prior to the crime, and was present in the victim's non-defluence contrary to the statement by the above witness, etc.

In full view of the fact that it is difficult to believe that the Defendant’s indecent act in this case is sufficiently recognized.

Application of Statutes

In the final pleadings, the defense counsel asserted the defendant's mental and physical weakness, but in light of the defendant's behavior, criminal time, etc. recorded in the records, the defendant had weak ability to discern things or make decisions due to the alcohol at the time of the crime in this case.

As such, it cannot be seen.

유사 판례

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