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(영문) 수원지방법원 안산지원 2020.05.27 2020고단200
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 7, 2018, at around 23:13, the Defendant, at the first floor of the female toilets in the building B located in Silung-si, opened a studio with a view to satisfy sexual humiliations, and the victim C (V, 21 years of age) went to the string section, and went to the string section, and went to the string section, and then went to the string part of the string section of the building B located in Silung-si, and went to the public use site for sexual purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); Article 59-3(1) main text of the Act on Welfare of Disabled Persons (Act No. 15904, Dec. 11, 2018); where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, the defendant 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;

Articles 47(1) and 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 repeating a crime, details and motive of a crime, the method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the protection effect of the victim.

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