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집행유예
(영문) 대전지방법원 2014.10.15.선고 2014고단2723 판결

성폭력범죄의처벌등에관한특례법위반(성적목적공·공장소침입)

Cases

2014 Highest 2723 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Factory bed)

Defendant

A person shall be appointed.

Prosecutor

Kim Un-Attempted (Lawsuits) and Lee Jin (Trial)

Defense Counsel

Law Firm Definition

Attorney Labor Management Office in charge

Imposition of Judgment

October 15, 2014

Text

A defendant shall be punished by imprisonment for not more than four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Seized evidence 2 through 8 shall be confiscated, respectively.

The defendant shall be ordered to take lectures for sexual assault treatment for 40 hours.

Reasons

Criminal facts

On April 2014, the Defendant discovered soup uniforms that were collected as soon as possible from the making soup bank * in Daejeon, Daejeon, the Defendant 2014, and then dried up to see women’s body by entering a women’s sloping room. Accordingly, the Defendant purchased female clothes, female houses, etc. around that time, and entered the soup bank around 30:0.

On May 18, 2014, at around 00 01:0, the Defendant collected 1 set soup, a set of 3rd floor, and 1 set of soup, sent out to male toilets, and frying soup, and frying the soup, frying, female clothes prepared in advance, and home appliances for women, etc., and frying the second floor, and frying the body of many and unspecified women by 0:00 p.m. from around 10:0 to about 9:0 on the same day.

Accordingly, the Defendant infringed upon public places such as public bath for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1.* The police statement about * the police statement of *

1. The records and photographs of seizure;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 12 (Selection of Imprisonment with Labor)

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Order to attend lectures;

Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Reasons for sentencing

Considering the fact that a person has committed a crime that is first and against, has prepared in advance a cosmetic, a woman's clothes, etc., and has committed a crime as stated in the following planned plan:

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to registration, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the relevant agency pursuant to Article 43

Exemption from Information Disclosure Order or Notice Order

The defendant's age, occupation, risk of repeating a crime, type, motive, process, result, and seriousness of the crime in this case, and degree and forecast of disadvantage suffered by the defendant due to an order of disclosure or notification.

In light of the side effects, the prevention effect of sexual assault crimes subject to registration that may be achieved thereby, and the protection effect of victims, etc., it is determined that there are special circumstances in which personal information should not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the order of disclosure or notification should not be issued to the accused.

It is so decided as per Disposition for the above reasons.

Judges

Judges Cormoon