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(영문) 수원지방법원 안산지원 2016.04.20 2016고단440

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Around July 5, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) invaded on a female public toilet with a view to meeting his/her sexual desire on the Won-gu B and the second floor in Bupyeong-si, Bupyeong-gu, 2015.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as a camera, etc.) was committed by the Defendant, at the time and place specified in paragraph (1) as above, into a female toilet and entered into a studal partitions, and attempted to take a cell phone with the victim C (n.e., 20 years old) who was in possession of the victim C (n., the victim 20 years old) who was in possession of the string column, and did not commit an attempted crime because the Defendant was discovered to the witness of the Defendant through a show in the above toilet screen.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes to on-site photographs and CCTV-cap photographs [the defendant asserts that he has no memory, but according to each of the above evidence, the fact that the defendant committed the crime in the judgment can be sufficiently recognized, and the defendant cannot be deemed to have suffered mental or physical weakness or loss of body and body at the time, and the defendant's argument is groundless]

1. Relevant legal provisions concerning criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 15 and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (which means an indecent act in a densely concentrated place), and the selection of imprisonment with prison labor;

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. Article 62 (1) of the Criminal Act on the stay of execution (not with a substantial history of punishment for the accused, but with regard to the fact that the accused recognizes the overall crime and reflects the fact that the victim has no same criminal record);

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which an order to attend a school is issued;

1. Article 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure and Notification of Personal Information, and the Protection of Children and Juveniles against Sexual Abuse.