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(영문) 서울중앙지방법원 2018.07.26 2018고단3444

성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

No person shall intrude into public use places used by many and unspecified persons, such as toilets, public bath, bathing rooms, snasna rooms, breast-feeding facilities, sloping rooms, etc., with the intention of meeting his/her own sexual desire.

Nevertheless, with a view to meeting his/her sexual desire, the Defendant intruded into a female toilet with three floors in Jongno-gu Seoul Metropolitan Government, Jongno-gu, from April 2, 2018 to April 16:30 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement C and D;

1. Application of Acts and subordinate statutes to report internal investigation (specific relation to suspect);

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the choice of imprisonment or imprisonment;

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

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, family environment, social ties relationship; (c) the risk of recidivism; (d) profits and preventive effects expected due to the instant disclosure order or notice order; and (e) disadvantages and side effects resulting therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified;

[Determination]

1. The reason for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom an employment restriction order is issued, is that the defendant commits a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Seoul Southern District Court on August 22, 2014; one year after suspension of execution for six months; and the same year;

9. 24. Electricity to be sentenced to the suspension of the execution of four months by imprisonment with prison labor for the crime of intrusion upon residence at the Suwon Flag method sources;

In order to meet his own sexual desire, the defendant has been staying there for a considerable time in the partitions to regard the female toilet of his own building.