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A defendant shall be punished by imprisonment for not less than five months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Criminal facts
On February 5, 2014, the Seoul Central District Court received a fine of KRW 1.5 million as a crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into public places for sexual purposes) by a defendant and a person who filed a medical care and custody (hereinafter referred to as "defendant")
[2] The Defendant: (a) was a mentally disabled person with a sexual disorder caused by the proof of alcohol ozone, intellectual disorder, and serious evidence; (b) was unable to discern things or make decisions due to such mental disorder; (c) was in the state of lacking the ability to discern things due to such mental disorder; and (d) was in the state of lacking the ability to take decisions, around December 10:45, 2015, women, who were in the C2nd floor large-scale female toilets located in the river in the river in the river in the tent and were waiting for the toilet user in the fourth column of the above toilet; and (d) was in the state of having the name in 12:15 of the same day when the person was waiting for the toilet user, at around 15, the name in 12:15 of the same day, and the toilet can be seen as having taken the head in the narrow section of the toilet.
Accordingly, the defendant invadedd his sexual desire at public places to satisfy his own sexual desire.
[Facts of the cause of the medical care and custody] The Defendant repeated a crime in which he had a woman’s body in a toilet due to a lusence, and the group of intellectual disability and alcohol’s existence therein combined with the above abnormal sexual barriers to commit the above crime, and thus, it is necessary to treat the above crime at the facilities of the medical care and custody, and is in danger of re-offending.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Access photographs to and exit of children's toilets;
1. Accessary toilets for women of the victim, screen pictures and videos;
1. Records of criminal records: Inquiry into criminal records and investigation reports (a copy of the previous judgment attached thereto);
1. The necessity of the treatment as indicated in the judgment, risk of recidivism: The above evidence, investigation report (report on telephone conversations between the custody and custody office’s appraisal) and the following circumstances, i.e., the Defendant’s mental appraisal report.