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(영문) 수원지방법원 안산지원 2016.08.24 2016고단2335

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. The Defendant, around March 2016, 2016, invadedd into the second floor female toilets of the luminous building D with a view to stealing the appearance of an unspecified female to satisfy his/her sexual desire while stealinging the appearance that an unspecified female scam.

2. On April 8, 2016, at around 21:10, the Defendant reported that the victim F (the victim, the name, the 29-year age) entered a female toilet on the fourth floor of the building E in light of light lighting, and that the victim stolen the appearance of his/her use, and intruded into the lusium of the above female toilet for the purpose of meeting his/her sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G, H, and F;

1. Application of Acts and subordinate statutes to investigation reports (request for digital evidence analysis and response);

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2009Do1448, Apr. 1, 2009)

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation, community service, and the Punishment, etc. of Sexual Crimes ordered to take lectures;

1. Where a conviction of a sex offense subject to registration becomes final and conclusive with respect to each of the facts constituting an offense subject to registration and submission of new information under Article 47 and Article 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure and Notification of Personal Information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (no disclosure and notification of personal information shall be made, taking into account family relations, the circumstances before the family relations, etc.), the defendant shall be a person subject to registration of personal information under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and shall be obliged to submit personal information to the head of