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(영문) 의정부지방법원 2015.10.06 2015고단2719
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

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

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

Reasons

Punishment of the crime

1. On May 13, 2015, the Defendant entered for the purpose of stealing the appearance of women in the first floor of the Gobu Government Information Library of 41, Goi-ro 41, Goi-ro, Ma-ro, Ma-ro, Ma-ro, Ma-ro, Ma-ro, for the purpose of viewing that women were melting a tiltile, and then entered the front section of the would go back to the front section of the would be going into the front section where the victim D (the age of 31) entered, followed the balone, followed the balone, and then

Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.

2. On June 4, 2015, around 14:30 on June 4, 2015, the Defendant entered the 1st floor of the above-mentioned Government Information Library with a view to seeing that women have stolen the appearance of melting the sides, and then, the victim E (V, 24 years old) who was going through the cryp in the front of the cryp column was melting the cryp.

Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the Act and subordinate statutes to a investigative report (to attachCCTV images);

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was already punished several times by committing the same criminal act.

Nevertheless, the choice of imprisonment with prison labor is judged to be inevitable for the defendant.

Although the defendant has a mental health problem, it is not necessary to enforce the defendant's criminal responsibility only for such reason, but it is recognized that there is a need to strictly punish the defendant in order to prevent the occurrence of a good victim.

However, the defendant is a lump sum.

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