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(영문) 인천지방법원 2018.05.17 2018고단1018

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 31, 2017, around 02:20 on December 31, 2017, the Defendant invadedd women who look at the toilets of women women in the Seo-gu Incheon Metropolitan City D building, and stolen the form of victim E (e.g., 35 years of age) who reported alle at the first side of the entrance of the above women's toilet through a tent with the gate and the structure behind the gate of the second side of the entrance.

Accordingly, the defendant invadeds on women's toilets, which are places used by many unspecified people for the purpose of meeting sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

112 Application of the Act and subordinate statutes to the 112 reported case processing list and the field photo of the case;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is that even though the victim suffered considerable mental pain due to the instant crime, it has not yet received a written application from the injured party, it is necessary to punish the corresponding strict punishment.

However, the fact that the defendant has no criminal record for the same kind of offense, and that his/her mistake is divided, etc. are considered as favorable circumstances to the defendant, and the judgment is rendered as above in consideration of all sentencing factors shown in the arguments of this case, such as the defendant's age, sex, environment, motive, means, consequence, and circumstances after the crime.