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(영문) 광주지방법원 순천지원 2018.08.31 2018고단1135

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendants shall be public officials of Grade VIII belonging to C.

On March 14, 2018, at around 22:00, the Defendant intruded into a female public toilet and waited for the entry of the person with disabilities from the screen for the place where the person with disabilities entered the victim E (n, 17 years of age) (n, 17 years of age) and stolen the partition of the above face from the side of the screen.

Accordingly, the defendant invadeds on women's toilets, which are public places, to achieve sexual goals.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The grounds for sentencing under the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, including the fact that there was no criminal record and reflect on the grounds for sentencing of the defendant, and the circumstance in which another person’s personal appearance is viewed, etc., and the defendant’s age, sex, family relation, environment, circumstances and result of the crime, and other circumstances shown in the arguments of this case, including the circumstances after the crime, shall be comprehensively considered, and the sentence is determined as ordered.