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(영문) 춘천지방법원 원주지원 2015.09.03 2015고합51
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On April 24, 2015, at around 00:30 on April 24, 2015, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") invaded on the public toilets for women in the front-dong and the front-dong Park, and entered the partitions from the fourth place in the five common partitions, and then sees a change in the common partitions in the narrow side below the upper common partitions.

Accordingly, the defendant invadedd his sexual desire at public places to satisfy his own sexual desire.

[In light of the fact that the Defendant was sentenced by the Seoul High Court on September 17, 2008 to imprisonment with prison labor for a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc., and on January 23, 2010, a person who completed the execution of the sentence in the original prison on January 23, 2010 and was sentenced to imprisonment with prison labor for a sexual crime committed a sexual crime within 10 years after the completion of the execution of the sentence, and repeats the act of infringing on the place of toilets, residence, etc., it is highly likely to recommit a sexual crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, D, E, and F;

1. A detailed statement on handling 112 reported cases;

1. Each photograph;

1. The risk of recidivism in the judgment below: The above evidence and criminal history records etc. inquiry; summary order 201 High Court Order 201 High Court Order 201 High Court Order 1992 High Court Order 2008No1755, Seoul High Court Decision 2008 High Court Decision 2008 High Court Decision 2008 High Court Decision; suspect interrogation protocol copy; and response to the request for attachment order; the defendant's risk of recidivism in the following circumstances: (i) the defendant's risk of recidivism is assessed as "a stimuls of mental disorder (PCL-R)" and "KoreaOTRAS-G assessment tool (KOTRAS-G)", and the defendant's risk of recidivism is assessed as "interim"; however, the defendant committed an indecent act against the victim G (the 23 years old) located in the toilet on April 26, 2008.

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