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(영문) 청주지방법원 2015.05.01 2015노14

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the completion of a sexual assault treatment program with a fine of three million won and forty hours) declared by the court below is too uneasible and unreasonable.

2. The crime of this case was committed by the defendant, entering a female toilet into the next partitions of the victim, who reported the balone, and then steals the victim's appearance by leaving the balone face with a balone hand, and then steals the victim's face, and is more severe in the value of the behavior group.

Furthermore, considering the fact that the Defendant committed the instant crime even though he had the record of being sentenced to suspension of indictment due to the act of spreading obscene materials in around 2011, the Defendant committed the instant crime, and that he denied his own crime at the lower court, it is necessary to punish the Defendant strictly.

However, the defendant seems to have recognized the crime of this case for the first time and against his mistake.

In addition, the defendant is attending the court of the trial and complaining of the difficulty in controlling his sexual impulses and treats him.

Even according to the report of psychological evaluation of the preparation of the Cheongju Medical Center (Department of Mental Health) submitted by the defendant, the defendant presents his opinion that the treatment needs to be provided because the defendant shows a progressive aspect by expressing sexual problems repeatedly with impulse adjustment, control difficulties, and sexual problems.

In addition, in full view of the following circumstances: (a) there is a cerebral disease disorder from the time when the Defendant was committed against the Defendant; (b) the Defendant was under medical treatment while showing an active intent to resolve his/her problem through medical treatment; and (c) other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, intelligence and environment; (d) relationship with the victim; (e) motive, means and consequence of the crime; and (e) circumstances after the crime, etc., the punishment determined by the lower court

. Prosecutors;