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(영문) 대전지방법원 논산지원 2016.04.19 2015고단749

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

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

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

Reasons

Punishment of the crime

[criminal history] On April 25, 2014, the Defendant was sentenced to four months of imprisonment by the Jeonju District Court for a crime of intrusion into public places for sexual purposes, and the execution of the sentence was terminated on February 23, 2015 at the Jeonju District Court.

[2] On September 5, 2015, at around 10:50, the Defendant: (a) was a female toilet located in the 3rd anniversary of Dasan, Dasan, Dasan, Dasan, B, in order to steals the appearance of women who look at the above toilets from the above toilets; (b) entered the 2nd column of the above toilets; and (c) Mad victim D (V, 32 years old) entered the above toilets, and then stolen the victim from the 1st column of the above toilets; and (d) mad victim D (V, flus, going through urines located in the above location; and (e) flusing the victim with the bombs.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. A report on internal investigation (limited to attachment of these images);

1. Previous records of judgment: Application of inquiry results and investigation reports (Binding records of the same kind of court records before the suspect)-related Acts and subordinate statutes;

1. Article 12 of the Punishment of Sexual Crimes Act, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes (hereinafter referred to as “Sexual Crimes Punishment Act”), the selection of punishment for imprisonment

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

1. Where a conviction of the Defendant against the crime in the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 16(2) of the Punishment of Sexual Violence Act is finalized, the Defendant is a person subject to registration of personal information under Article 42(1) of the Punishment of Sexual Violence Act, and the Defendant is obligated to submit personal information to a related agency in accordance with Article 43 of the Punishment of Sexual Violence Act.

The defendant's age, occupation, criminal record, and risk of recidivism (no sex offense history), the contents and motive of the crime, the method and seriousness of the crime, and the degree of disadvantage suffered by the defendant due to the disclosure order.