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(영문) 수원지방법원 성남지원 2015.05.08 2015고단226
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On November 15, 2012, the Defendant was sentenced to one year and six months in Seoul Central District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and was released on December 24, 2013 in a female prison, and the parole period was expired on February 7, 2014.

At around 15:15 on November 24, 2014, the Defendant entered the entrance door of the above toilets with a view to meeting sexual humiliations in front of women's toilets located in C University D located in the Gu C University D, Young-si on November 24, 2014, and then, the victim E (e.g., 20 years of age) who was listed on the urinals, stolen the uris, thereby infringing on the above toilets.

Accordingly, the Defendant infringed on the above toilets, which are public places, for the purpose of meeting the sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. On-site photographs;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

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 elective Punishment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order is that the Defendant was sentenced to a fine for the same kind of crime and committed such crime at the same time, and it is inevitable to sentence a sentence because it is currently during the period of repeated crime

Provided, That the punishment shall be determined as per the order, comprehensively taking into account the fact that there is a strong reflective nature of the defendant and that there is a need for mental health treatment.

Where a conviction against a defendant who has registered personal information becomes final and conclusive, the defendant shall be a person subject to the registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and pursuant to Article 43 (1) of the same Act.

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