A defendant shall be punished by imprisonment for four months.

Punishment of the crime

(2) On March 10, 2016, the Defendant was sentenced to imprisonment with prison labor for not more than four months for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) at the Incheon District Court on March 10, 2016, and the Defendant completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution on July

The defendant has weak ability to discern things or make decisions due to intellectual disabilities, etc.

[Criminal facts] around 22:00 on August 27, 2017, the Defendant entered the first column of the above female toilet in order to collect the head scarcity of women in the second floor of the building building in Nam-gu Incheon Metropolitan City.

Accordingly, the defendant intruded on the building managed by others.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Previous convictions: Inquiry into criminal history and investigation report (a person who commits a crime during the period of repeated crime);

1. Mental and physical weakness of judgment: Application of investigation report (Attachment to the same type of crimes) and Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act, the choice of punishment for an offense, and the choice of imprisonment (the following grounds for sentencing shall be considered);

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

1. The sentence of imprisonment is inevitable on the ground that a person is a repeated crime of the same kind with high risk of Trine or derivative crime, such as a witness for the reason of sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental and physical weakness.

However, the case of recidivism of the defendant can be a proof that it is more difficult to terminate the detention or return to society under the punishment due to adaptation to the prison life combined with intellectual disability.

It is a matter of urgent treatment and guidance to prevent recidivism permanently rather than a long-term detention, which is limited to social defense.

The punishment for four months shall be determined by imprisonment within the scope of the applicable sentences.