logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2018.09.28 2018고단343
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

While the Defendant lacks the ability to discern things or make decisions due to mental retardation or shock disorder, on January 25, 2018, at around 13:45, the Defendant stolen T (tentative name) from a female toilet located adjacent to S, under the 14th exit of the Mayan-gu Mayang-si, Annyang-si, Annyang-si on January 25, 2018, in order to steals the appearance that T (tentative name) is melting a melting side, the Defendant entered the second shoulder of the right side, and then stolen T (commercial name) sees a melting side.

Accordingly, the defendant invadeds on toilets used by many unspecified persons for the purpose of meeting his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to T (tentative name);

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (where the case is received);

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act; Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16, Jan. 16, 2018); Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse - Unfavorable circumstances: the Defendant committed again the instant crime even though he/she had been sentenced to a fine on four occasions due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the same kind of crime (in case of intrusion into public places for sexual purposes), he/she again committed the instant crime despite the history that he/she was sentenced to a fine on one occasion due to the crime of intrusion into a structure: The favorable circumstances: (a) the Defendant led to the instant crime; (b) the Defendant committed a crime under a state of mental disorder with his/her family’s help to treat the mental disorder; (c) the Defendant does not want to

arrow