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(영문) 부산지방법원 2019.09.06 2019고단3460

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

A defendant shall be punished by imprisonment for not less than three months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On May 1, 2019, at around 04:45, the Defendant entered the second column in the toilet installed inside the above convenience store in order to cut away the women who see the urine, and stolen the form of the Victim P (Influence, name), and Q (Gam), written beside the victim P (Influence, name) who sees the urgical side of the above convenience store.

Accordingly, the defendant invadeds on public toilets used by many people for the purpose of meeting sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement made by the police for each statement of P and Q;

1. Application of each statute on photographs;

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

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

1. Where a conviction of the accused is finalized as to the facts constituting a crime in which he/she registers and submits personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the accused 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

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s suffering due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of the protection of the victim, etc.