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(영문) 전주지방법원 2016.01.20 2015고단1094
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. On April 15, 2015, the Defendant: (a) entered a female toilet in the fifth floor of the Yansan-gu Seoul Special Metropolitan City D Building on the fiveth floor; (b) went into the above fiveth floor female toilets; and (c) intruded a structure that the victim manages against the victim’s will, such as theft by four women in the next section for about 15 minutes after the string the string of the strings, and then intrudes into the structure that the victim manages the toilet of the said D Building, who is against the victim’s name and the victim’s will.

2. On April 23, 2015, around 21:05, the Defendant intruded into the structures managed by the victim against the victim’s will, such as stealing three women, such as E, in the foregoing female toilets, and in the same manner as described in paragraph (1), by cutting away the appearance of three women, including E, in a manner as described in paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. E statements;

1. Each internal investigation report and accompanying documents;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 319 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In consideration of the fact that the Defendant committed the instant crime with the reason for sentencing under Article 62-2 of the Social Service Order and the method and content of the instant crime for sentencing, the nature of the crime is not good, the Defendant did not receive a letter from the victims, and the Defendant committed the instant crime even though he was sentenced to a fine for the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes before the instant crime was committed, the Defendant’s liability for the crime is unlimited, but the Defendant acquitted the Defendant of the primary charges as indicated below, and the Defendant is against the fact-finding as to the ancillary charges that the Defendant is guilty, and the Defendant reflects the facts as to the ancillary charges that are found guilty, and has no criminal record other than the fine.

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