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(영문) 부산지방법원 2018.10.29 2018고단4107

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

On August 13, 2018, at around 18:55, the Defendant came to a female toilet located on the first floor of the 1st floor of the YG C building in Busan City-gu, Busan-si, and unspecified women went to the inner column of the above toilet for the purpose of self-defense.

After diving, the Defendant entered the victim D (Inn, 29 years of age) in the side partitions of the Defendant, and brought his panty and panty to the panty, and carried out the act of self-defense.

Accordingly, the defendant invadeds on toilets, which are public use places used by many unspecified persons for the purpose of meeting his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

2. Selection of a selective fine for punishment (any criminal history exists);

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

5. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;