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(영문) 수원지방법원 안양지원 2016.09.21 2016고단1277
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

A defendant shall be punished by imprisonment for nine months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[criminal history] On May 13, 2016, the Defendant was sentenced to four months of imprisonment for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in the Seoul Eastern District Court (hereinafter “Seoul Eastern District Court”) and completed the execution of the sentence on July 26, 2016.

[Criminal facts]

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) in a state that the Defendant lacks the ability to discern things or make decisions due to mental delay. Around 12:10 on July 31, 2016, the Defendant intruded into a public toilet on the right side of a female toilet with a view to meeting his/her own sexual desire to steal an unspecified woman’s appearance, which is considered to be melting the sex desire.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.) the Defendant, in a state that mental delay lacks the ability to discern things or make decisions, is waiting for women to enter the next partitions at the same time and place as the above paragraph (1). The Victim E (V, 26 years old) taken once against his/her will the form of the victim, using the phone carrying device with the inner function, in which he/she sees the balle and ballebine, and the ballebine listed in the changeer function, using the phone carrying device with the inner function.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F preparation;

1. Investigation report (information on telephone, telephone conversations of victims, indication of criminal intent for punishment, etc.);

1. A protocol of seizure and a list of seizure;

1. Each photograph;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation report on the date of final release of the suspect A) statute;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with prison labor;

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

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