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

Punishment of the crime

[criminal power] On August 29, 2013, the Defendant was sentenced to a suspended sentence of one year for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, and on October 30, 2013, the Defendant was sentenced to four months of imprisonment with prison labor for public performance and was sentenced to a suspended sentence on May 24, 2014, and the said sentence became final and conclusive on May 24, 2014, and the execution of each of the said suspended sentence was terminated in the military prison on June 23, 2015.

【Criminal Facts】

On July 4, 2016, the Defendant: (a) around 14:30 on July 4, 2016, followed the changeer in a female toilet and stolen the side partitions by scambing the upper face, thereby stealinging the body of the female, and opened a female toilet in Gwangju-gu, Gwangju-gu, Gwangju-gu, Gwangju-gu, Gwangju-gu, and intruded the structure he/she manages against the will of the manager of the said D toilet.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. On-site photographs and investigation reports (on-site photographs and accompanying documents);

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports (verification of the same criminal records), investigation reports (verification of the date of release from prison), and Acts and subordinate statutes;

1. Relevant Article 319 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of applicable sentences by law: Imprisonment for not more than six years;

2. Whether the sentencing criteria are applied: Non-establishment of the sentencing criteria;

3. According to the decisions of sentence, the sentence shall be determined as ordered in consideration of the circumstances that form the conditions of sentencing as shown in the records, such as the following circumstances and the age, character and conduct, environment, family relationship, motive and consequence of the crime, and the circumstances after the crime.

A favorable circumstances: The defendant is led to confession, and is against himself.

Although the Defendant had a record of criminal punishment for a sex offense, as stated in the judgment, he/she committed the instant crime to meet his/her sexual desire again during the period of repeated crime, so he/she committed the instant crime.