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(영문) 인천지방법원 2019.02.14 2018고단8929

성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 5, 2018, the Defendant, who committed the crime of October 5, 2018, entered the said school into female toilets with the aim of searching women’s toilets from “C Middle School” located in Seo-gu Incheon, Seo-gu, Incheon, and collecting Costa, etc. on October 5, 2018.

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

2. The Defendant, who committed the crime of October 16, 2018, entered into the third-story female toilets of the above school for the purpose of searching female toilets at the places specified in paragraph (1) around 19:20 on October 16, 2018 and collecting strawing, etc.

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. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (including attached documents);

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, respectively;

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 (The following extenuating circumstances among the reasons for sentencing);

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

1. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Orders and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles’ Sex Offenses, although the Defendant has the same criminal records, the degree of infringement of legal interests arising from each of the instant crimes is not much serious. In this case, personal information registration alone appears to have the effect of preventing recidivism of the Defendant. In addition, the Defendant’s age, occupation, family environment, social relationship, background of the instant crime, benefits and effects expected from the disclosure orders or Notification Orders are expected.