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(영문) 서울동부지방법원 2018.06.22 2018고단856

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around January 1, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) (hereinafter “Special Cases Concerning the Punishment, etc.”) went into a female toilet located in the cafeteria B1st floor C restaurant in Songpa-gu Seoul, Songpa-gu, Seoul, and opened a door, locking the door and opened the side partitions, and then, the victim of the masc was d (e.g., 28 years old) who was melting the face of the Defendant in the side partitions.

Accordingly, the defendant intrudes on women's toilets, which are used by many unspecified people, for the purpose of meeting his sexual desire.

2. Violence;

A. The Defendant committed a crime against the victim D at the same time and time as Paragraph 1, and at the same place, resisted the Defendant’s intrusion into female toilets, and assaulted the victim at one time at the victim’s threshold by attaching a toilet room where the Defendant had been placed in order to prevent the Defendant from escape.

B. The Defendant committed the crime against the victim E, at the same time and place as set forth in paragraph 1, and assaulted the victim, such as the victim E (29 years old) who heard and carried the above D’s visa at the same time and place, by preventing the Defendant from escaping, thereby benefiting the victim’s face, bolding the victim’s head, booming the victim’s hair with his hand, and booming the victim’s face with his hand, and “Before he extracted his head from his head, he shall be subject to tax withholding,” and “Before he abandoned his head.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or E;

1. A written statement;

1. Application of field photographs and toilet-related Acts and subordinate statutes;

1. Relevant Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Article 260 (1) of the Criminal Act and Article 260 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of Imprisonment;

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 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Order for community service and attending lectures;