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(영문) 부산지방법원 2017.02.16 2016고단5935

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 23, 2016, at around 10:10 on August 23, 2016, the Defendant listened to the female 2nd female toilets in Busan Jung-gu, Busan, and stolen it. In order to look at the female 2nd female gate in the toilet, the Defendant taken the water supply aple in the toilet, and stolen it by both hand, and then cut off 20 women, who were able to see the sides from the side section.

At around 10:30 on the same day, the defendant continued to enter into a female toilet in order to see that women's tolerance is stolen.

Accordingly, the Defendant infringed on public toilets more than twice with a view to satisfaction of his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D (tentative name) and E (tentative name);

1. Application of the Acts and subordinate statutes governing photographs and site photographs;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Where a judgment becomes final and conclusive on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to the competent agency pursuant to Article

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved, and the effect of the protection of the victim, etc., the disclosure of personal information may not be notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.