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(영문) 서울동부지방법원 2018.11.15 2018고단3055

성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)

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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On December 1, 2016, the Defendant was sentenced to one year and six months of imprisonment with prison labor for forced indecent conduct at the Sungnam support of Suwon Friwon, and completed the execution of the sentence in the Giju prison on February 20, 2018.

1. Around August 8, 2018, the Defendant discovered that he/she entered the victim D (inn, 31 years of age) from the victim D (inn, 31 years of age) 11:40 on August 8, 2018, Songpa-gu Seoul building C, Songpa-gu, Seoul Metropolitan Government 2, a female toilet of the 1st floor, and intrudes into the same, and then stolen the appearance of the victim under consideration from the side side side side column of the victim.

Accordingly, the defendant invadeds on the above female toilets, which are public use places, for the purpose of meeting his sexual desire.

2. Around August 23, 2018, the Defendant, who committed the crime on August 23, 2018, intruded into the above female toilets to see the melting of the melting of the melting of the melting female, and then stolen the form of the victim’s melting the melting of the melting of the melting female at the inner side of the victim.

Accordingly, the defendant invadeds on the above female toilets, which are public use places, for the purpose of meeting his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and D;

1. Previous convictions indicated in judgment: Inquiry about criminal history, reporting on investigation (verification of facts during the period of repeated crime) and application of Acts and subordinate statutes governing the status of personal confinement;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, the Defendant’s health status, home environment, and other various conditions of sentencing specified in the records, for the reason of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

The defendant has been sentenced to punishment for an indecent act and has completed the execution thereof, and has committed each of the crimes of this case during the period of repeated crime even though he/she has installed an electronic device.