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(영문) 부산지방법원 2020.11.11 2019고단6271

성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)

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

Punishment of the crime

On December 7, 2019, at around 23:10 on December 23:10, 2019, the Defendant intruded a public bath in the said public bath in Busan Jin-gu B with the gap in which no public bath manager is available, and laid off his clothes and taken bath.

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

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. Application of Acts and subordinate statutes on the 112 Reporting Statement of D Police Statements;

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 (amended by Act No. 17264, May 19, 2020) for which the choice of a sentence has been made;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, the main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where a conviction against the defendant is finalized as to the crime of which the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020) and the main sentence of Article 59-3(1) of the Welfare of Disabled Persons Act are to be registered and submitted, the defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50(