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(영문) 춘천지방법원 강릉지원 2015.09.03 2014고단803
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 26, 2014, at around 13:20 on April 26, 2014, the Defendant entered a public female toilet located in Geumcheon-dong, Gangnam-si, and fell off the victim C (n, 18 years of age) who reported a change in the toilets above.

Summary of Evidence

1. C’s statement;

1. A criminal investigation report (report attached to the same type of judgment) (the defendant's defense counsel and the defendant's defense counsel asserted that there is no "purpose to satisfy his/her sexual desire" necessary for the establishment of the crime of this case because he/she is in the mental state of the defendant. The defendant's written diagnosis submitted by his/her defense counsel may be found guilty of the facts charged in light of the following: "The defendant's intelligence is about 57 years of age and the social age is presumed to be about 4 years and 1 months of age." However, according to the evidence of the judgment, the defendant committed a crime similar to this case on July 3, 2014 and was punished as a crime of intrusion upon his/her structure, and the defendant's intelligence is low, and it cannot be readily concluded that he/she has no sexual desire

1. Article 12 of the relevant Act on Criminal Crimes and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines;

1. Article 11 and Article 55 (1) 6 of the Criminal Act for mitigation of deaf-mutes;

1. A fine not exceeding 700,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e., Supreme Court Decision 2006Do1148, Apr. 1, 2007)

1. Article 42 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program, in cases where a conviction against the accused is finalized on the facts constituting a sex offense subject to registration of personal information under the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

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