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(영문) 대구지방법원 2017.12.15 2017고합461

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등

Text

A defendant shall be punished by imprisonment for four months.

The information on the accused is disclosed through an information and communications network for a period of three years.

Reasons

Punishment of the crime

Defendant

On June 23, 2017, at around 21:02, the applicant for the order to observe the protection (hereinafter referred to as “Defendant”) went in front of the Daegu City Railroad 2, the Do subway Station 3, Daegu-gu, Daegu-gu, Daegu-gu, for female toilets, and came in front of the female toilets of the said Daegu City Railroad 3, which are located in Daegu-gu, Daegu-gu, and the entrance of the above toilets, and went in the fourth column from the entrance through the entrance of the above toilets, and the victim E (man, 21 years old) went in front of the instant Defendant’s side, and then the victim was the victim by going in front of the direction.

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

The Defendant is a person who has committed a sexual crime as stated in the facts constituting a crime in the judgment, and is likely to recommit a sexual crime.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements and e-mail statements;

1. Application of CCTV Acts and subordinate statutes;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 21-2 (1) 1, Article 21-3, Article 21-4, and Article 9-2 (1) 3 through 5 of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc.;

1. Comprehensively taking account of the following circumstances acknowledged by the record of the instant case, including the evidence examined prior to the risk of recidivism of a sexual crime as indicated in the judgment, the written investigation prior to the claim, and other circumstances revealed in the arguments, the risk of recidivism of a sexual crime is recognized

(1) On November 17, 2016, the Defendant was sentenced to imprisonment for six months and two years of suspended execution for the same kind of crime at the Seo-gu District Court Branch Branch.