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(영문) 춘천지방법원 원주지원 2014.09.17 2014고단596

재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On May 18, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influence of public places) committed an intrusion on the second side of the entrance of the above female toilet, on the ground that, around 06:00 on May 18, 2014, the Defendant came into the front of the first female public toilets of the primary bus terminal building located in 171, as Seocho-siwon, in front of the first floor of the primary bus terminal building.

Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.

2. On May 18, 2014, around 06:05, the Defendant: (a) destroyed and damaged property by digging up, plucking up, or destroying, advertising support units equivalent to KRW 44,00 in the market price of the victim’s original bus terminal owned by the victim, who was located in the said toilet, due to duplicating the shape of the female public toilet, in which women in the said toilet sees their own urgical nature.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of the statutes governing statements by victims;

1. Relevant Articles of the Criminal Act and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes (Influence of Public Places for Gender Purpose, Selection of Imprisonment), and Article 366 (Influence of Destruction and Damage of Property and Selection of Imprisonment);

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (aggravating concurrent crimes within the scope of the sum of the long-term punishment for the crime of causing property damage which is heavier than the punishment)

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is 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 is obligated to submit personal information to a related

The Defendant’s age, occupation, risk of recidivism, and this case’s exemption from disclosure or notification order.