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(영문) 서울남부지방법원 2021.02.09 2020고단6483

성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around June 18, 2020, the Defendant infringed on the above female toilets for the purpose of cutting away the figures of women who use female toilets on the 2nd floor in Seoul B building around June 18, 2020, around 23:13, around June 2020.

2. On June 19, 2020, the Defendant, from around 00:13, around June 19, 2020 to around 00:13, started from the above “1” building, and immediately went into the Seoul Yeongdeungpo-gu Seoul Metropolitan Government C building located next to the Defendant, and immediately went into the said female toilet for the purpose of cutting away the figures of women who enter the building located next to the said building and use female toilets on the first floor.

Accordingly, the defendant intrudes on women's toilets, which are public use places, with a total of twice to satisfy his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to on-site photographs and to the closure of each CCTV image;

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

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

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

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, and Article 49(1) proviso, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of repeating a crime, motive of the crime in this case, method of the crime, disclosure order, disclosure order, notification order, the degree of disadvantage and anticipated side effects of the Defendant’s injury, the prevention of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

[Determination]

1. Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;