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(영문) 광주지방법원 2021.03.24 2020고단3090

성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2020 Highest 3090] On April 22, 2020, around 01:25, the Defendant invadedd a toilet, which is a public use place used by many unspecified persons, for the purpose of meeting his own sexual desire, by cutting a door into the first side column of the toilet in order to steals the image of women in the toilets for women in the B-gu in Gwangju Mine-gu, Gwangju, or hear sound.

[2021 Highest 230]

1. A thief: (a) around December 12, 2020, the Defendant: (b) at the cargo terminal behind the cargo terminal located in 280 in Gwangju Northern-gu, Gwangju Northern-gu, the Defendant: (c) committed a theft by driving one of the CT100 U.S., which the victim C parked with the key inserted in the vehicle; and (d) drive one of CT10 U.S., which the victim C parked.

2. The issue of whether the court of unlawful use such as motor vehicles requires the prosecutor to change the indictment is at the discretion of the court (see Supreme Court Decision 2007Do616, May 14, 2009, etc.). If the identity of the facts charged is not likely to cause a substantial disadvantage to the defendant's exercise of the defendant's right to defense within the scope consistent with the facts charged, criminal facts different from the facts charged as stated in the indictment ex officio without changing the indictment (see Supreme Court Decision 2008Do2409, Sept. 11, 2008, etc.). According to the above, the original facts charged include the fact that the defendant used the instant Oba without permission, and even if the defendant punishs the defendant for illegal use such as motor vehicles, etc., it does not pose a substantial disadvantage to the defendant's exercise of his right to defense. Thus, the defendant is found guilty of the crime of unlawful use, including each motor vehicle

A. On December 24, 2020, the Defendant committed the crime at around 10:50 on December 24, 2020, temporarily used one unit of CT10,000 Obama, which is equivalent to KRW 2 million at the market price set up by inserting the key by the victim F, without the consent of the victim, who is the right holder.

B. The Defendant committed a crime on January 2, 2021.