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(영문) 청주지방법원 제천지원 2018.11.29 2018고단228

성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On March 17, 2018, around 01:56, the Defendant opened a door for the purpose of seeing that women are melting the sides from “C” female toilets located in Seocheon-si B, 018, and maintained the appearance of d (24 years old) using a simple wall width.

Accordingly, the Defendant intruded into public use places used by many and unspecified persons, such as toilets, bath rooms, bathing rooms, or generated rooms, breast-feeding facilities, and escape rooms, for the purpose of meeting his/her sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A photograph description;

1. Investigation report (to attach CCTV images to toilets in C at the time of committing the crime);

1. Application of Acts and subordinate statutes to investigation reports (CCTV image analysis);

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

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

1. The Defendant exempted from order to complete a program is scheduled to enter the military forces on December 10, 2018, and there are extenuating circumstances in which the Defendant is unable to impose an order to complete a program on behalf of the police on the same day

As such, no order shall be issued to the defendant pursuant to the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. In full view of the Defendant’s age, occupation, environment, social relationship, background of the instant crime, relationship after the instant crime, the relationship between the Defendant and the victim, effectiveness expected to be restricted on employment of the Defendant, and anticipated side effects, etc., the Defendant’s employment should not be restricted in light of the following circumstances, which are acknowledged as a record of exemption from restriction on employment under the proviso to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which exclude the obligation to register and submit personal information.

The decision is judged.

Therefore, the protection of children's juveniles against sexual traffic.