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(영문) 의정부지방법원 고양지원 2016.07.15 2016고단1452
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
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

On May 13, 2016, around 03:00, the Defendant: (a) went into a female toilet located at the second floor of Dongsan-dong building C, Dongsan-gu, Seoul, and (b) cut off the string position of the preceding female toilet, and then stolen the above D’s appearance to be viewed as a string of the strings.

Accordingly, the defendant invadeds on public toilets to satisfy his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation and photographs attached thereto;

1. Application of Acts and subordinate statutes governing D police statements;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (the following grounds shall be considered in consideration of the amount of punishment):

1. The circumstances unfavorable to the sentencing of Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes: (a) although the defendant was prior to a fine of the same kind, he/she shows an attitude to reflect on the circumstances favorable to the crime of this case; and (b) in addition, in cases where a conviction becomes final and conclusive with respect to the facts constituting the crime on which he/she is subject to registration and duty to submit personal information, taking into account all sentencing factors indicated in the records, such as the defendant's age, occupation, sex, family relation, motive, means and consequence of the crime; and (c) circumstances before and after the crime, etc., the defendant is a person subject to registration under Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and thus, he/she

The defendant's age, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, and the prevention and effect of a sexual crime subject to registration which may be achieved due to such order.

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