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(영문) 서울서부지방법원 2018.06.08 2018고단1318
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal history] On January 18, 2017, the Defendant was sentenced to one year and four months of imprisonment with prison labor for a crime of intrusion on a structure at the Seoul Western District Court, and completed the execution of the sentence in the first intersection of the North Korean Branch on March 7, 2018.

[Criminal facts] On March 14, 2018, the Defendant, while hiding in a public toilet for women on March 14, 2018, thought that women are melting a change in the appearance, had the mind to resolve their sexual desire.

At around 17:17 on the same day, the Defendant entered the second partitions of a female public toilet in the third floor of Mapo-gu Seoul Metropolitan Government C building, and laid down the shape of the victim D (V, 44 years old) who reported melting in the first square.

Accordingly, the defendant invadeds on public toilets to satisfy his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (investigation of CCTV for crime prevention and CCTV investigation of neighboring buildings mainly around the expected level);

1. A previous conviction in judgment: Application of a reply, such as inquiry about criminal history, investigation report (the confirmation of the date on which the last term of punishment expires);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The defendant and his/her defense counsel's assertions about the defendant and his/her defense counsel under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, etc., was mentally and physically in a state of mental disorder due to mental illness, such as cryp, exchange hearing, and depression

However, in light of the circumstances before and after the instant crime, the background leading to the instant crime, and the Defendant’s conduct, etc., the Defendant was in a state of lacking the ability to discern things or make decisions at the time of the crime.

Therefore, the above argument cannot be accepted.

The reason for sentencing committed the crime of this case is that the defendant has been sentenced several times of punishment due to the same crime, and that he committed the crime of this case only after the prison into the same crime.

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