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(영문) 부산지방법원 2019.01.21 2018고단4575

성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

"2018 Highest 4575"

1. On October 5, 2018, around 11:10 on October 5, 2018, the Defendant entered the first floor of the cultural and social sciences museum located in Busan City-si in order to cut off the appearance of unspecified women, thereby cutting away.

2. At around 15:12 on the same day as the preceding paragraph, the Defendant entered the first female toilet of the university faculty researcher referred to in paragraph (1) in order to cut off the appearance of unspecified women and steals them.

Accordingly, the defendant intrudes on women's toilets, which are public use places used by many and unspecified persons for the purpose of meeting his sexual desire twice.

around 19:58 on September 30, 2018, the Defendant entered the first floor female toilets of Busan Metropolitan City Maritime Daegu B commercial building in Busan Metropolitan City in order to steals the appearance that unspecified women see. 30 on September 30, 2018.

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

Summary of Evidence

"2018 Highest 4575"

1. Defendant's legal statement;

1. A written statement of C and D "2018 Highest 5062";

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E;

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

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

3. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Defendant is under continuous restraint of the same kind of crime, but the Defendant requires family protection to return to society properly and prevent recidivism

4. Probation and Article 62-2 of the Criminal Act, and Article 44-2 of the Medical Treatment and Custody, etc. Act.

5. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special circumstances in which it is impossible to impose orders to complete programs on the accused in light of the military force, etc.

6. An order for disclosure;