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(영문) 서울동부지방법원 2019.01.11 2018고단3804

성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 3, 2018, the Defendant, with a view to meeting his/her own sexual desire, had another person conduct cremation so that he/she can be seen as a female and worn a female tyrts and nitrokes, and invaded into a female toilet, which is a multiple-use facility that is installed within the park swimming pool in Songpa-gu Seoul Metropolitan Government, for public use by many unspecified women located within the park swimming pool in Songpa-gu.

2. At around 11:30 on the same day, the Defendant continued to intrude into the room of a woman’s escape, which is a public-use facility where many and unspecified women established at the place under the above 1.1.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The investigation report (No. 7 No.);

1. Notification to a department related to reporting 112 cases;

1. Application of Acts and subordinate statutes to photographs at occurrence site;

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The reasoning for sentencing of Article 56(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (see, e.g., the Defendant’s age, family environment and social ties, records of crimes, details and motive of crimes, method of and consequences of crimes, risk of recidivism, etc.) of the Act on the Protection of Children and Juveniles against Sexual Abuse (see, e.g., Supreme Court Decision 2009Da144138, Apr. 1, 2009) is the first offender. The Defendant’s initial offender is recognized to commit the instant crime and is in depth reflects the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and the circumstances after the crime are considered.