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(영문) 서울동부지방법원 2017.08.04 2017고단1079

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On January 15, 2017, when the Defendant was unable to discern things or make decisions due to mental illness around 17:20 on January 15, 2017, the Defendant intruded into a public place with a view to satisfying his sexual desire by opening a female bath house and immediately putting the clothes into the public place in front of the “D private house” located on the first floor of the building of Songpa-gu Seoul Metropolitan Government C building.

Summary of Evidence

1. Each statement of E, F and G;

1. A letter of arrest of a flagrant offender;

1. Application of Acts and subordinate statutes to report on investigation (subject to investigation and comprehensive search of cases);

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of law (mental and physical weakness);

1. There are extenuating circumstances in which a defendant is unable to impose an order to attend a course or order to complete a program under the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes because it is difficult to expect educational effects due to mental illness;

Since it is judged, no order to attend a course or order to complete a program is imposed.