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(영문) 대전지방법원 논산지원 2019.05.17 2019고단130

성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

At around 14:00 on January 18, 2019, the Defendant entered the second female toilets of the building 2 in Chungcheongnam-nam, Chungcheongnam-do, in order to steals the appearance that unspecified women see.

Accordingly, it intrudes on women's toilets, which are used by many unspecified people, for the purpose of meeting their sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on internal investigation reports (Attachment ofCCTV fugitive photographs);

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 elective Punishment;

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

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order appears to be against the defendant's wrongness, the defendant is a disabled person of Grade III with intellectual disability, there is no previous conviction exceeding the previous or fine, and the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc. shall be comprehensively considered in determining the punishment as ordered.

In light of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure order, and employment restriction order, the degree and anticipated side effects of the Defendant’s disadvantage, the prevention of the sex offense subject to registration, the effect of the victim protection, and the possibility of preventing recidivism, etc., the disclosure and notification of personal information or the issuance of employment restriction order to the child and juvenile-related institutions, etc. pursuant to the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the disclosure order, notification order, or employment restriction order to the Defendant pursuant to the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse