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(영문) 청주지방법원 2020.10.14 2020고단1447

성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On May 11, 2020, the Defendant used cross-city buses around 15:37 on May 11, 2020 to move from the Chungcheong Cheongju to Seoul for the purpose of searching female toilets as a person who feel sexual scarcitys or scarkes.

1. On May 11, 2020, the Defendant entered the building into the 1st, 3th, 5th, 10th, 11st, and 13th, female toilets of the 16:59, for the purpose of collecting straws, etc. in the building in Yeongdeungpo-gu Seoul Metropolitan Government.

2. On May 11, 2020, the Defendant entered the building C in Yeongdeungpo-gu Seoul Metropolitan Government into the second floor, L1st floor, and L2 female toilets for the above purpose.

Accordingly, the defendant invadeds on women's toilets used by many unspecified persons for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to on-site photographs and investigation reports (on-site images verification, etc.);

1. Article 12 of the relevant Act on Criminal Crimes and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc.;

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

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Orders to attend lectures and sexual assault crimes against probation;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. From one month to one year and six months of imprisonment with prison labor within the applicable sentencing range in Acts; and

2. 8 months of imprisonment with prison labor for a decision of sentence, or three years of suspended sentence: The defendant shall have a similar case in which he has been punished for larceny, or where he has a favorable record of being sentenced to suspension of indictment: