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(영문) 대전지방법원 천안지원 2019.07.05 2019고단817
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 7, 2019, at around 10:50 on February 10, 2019, the Defendant entered the second column of a male and female public toilet between the third and fourth floors of the building in the Seo-gu, Western-si B building, and then stolen the appearance of the victim C (Influence, the name of the victim) who followed the change and reported the change from the side partitions.

Accordingly, the defendant invadeds on toilets for the purpose of meeting sexual desire.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement concerning C (tentative name);

1. Application of Acts and subordinate statutes to investigation reports (person for reference D telephone conversations), investigation reports (to attach photographs to the site and fingerprints identification results);

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 and Selection of Fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The sentencing of Article 334(1) of the Criminal Procedure Act for the sentencing of each of the instant crimes on the ground of the sentencing of Article 334(1) of the Provisional Payment Order is not easy in light of the content of each of the instant crimes, the mental impulse and sense of shame experienced by the victim. On the other hand, the Defendant has no record of punishing sex offenses, and all other circumstances shown in the records and arguments, such as the mode of the instant acts

In light of the Defendant’s age, occupation, existence of history of sex offense, details and motive of the crime, method of committing the crime, severity of the crime, etc., the risk of re-offending pursuant to the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse shall be determined to have special circumstances that may not significantly lower the risk of re-offending or restrict employment pursuant to the proviso to Article 56(1) of the same

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