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집행유예
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(영문) 제주지방법원 2015.3.19.선고 2015고단75 판결
성폭력범죄의처벌등에관한특례법위반(성적목적공공·장소침입)
Cases

2015 highest75 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Place bed)

Defendant

○○ (1984 Employment), Public Officials

Prosecutor

Criminal prosecution (prosecution, public trial)

Defense Counsel

Attorney Lee Do-spoon (Korean National Election)

Imposition of Judgment

March 19, 2015

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

The defendant shall be ordered to take 40 hours of the sexual assault treatment lecture.

Reasons

Criminal facts

The Defendant, within a soup, suping soup, when both men and women are fryed, frying so that people cannot easily distinguish the Defendant’s gender, using the fact that all men and women covered fry on the head, and frying the Defendant’s sexual desire in a soup room with a view to satisfy the Defendant’s sexual desire, and ruping into the soup room only for women in the soup room from around 21:47 on December 16, 2014 to 22:32 on the same day, the Defendant invadedd 6 times in total, as in the attached list of crimes, by using a covering fry to the fry room exclusively for sex, and entering the fry room on the head.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Articles of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment:

§ 12. Selection of imprisonment

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order to attend lectures: Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

It is so decided as per Disposition for the above reasons.

Reasons for sentencing

Before the same offense and twice (fine)

Obligation to Submit Personal Information

When this judgment becomes final and conclusive, the defendant becomes a person subject to registration of personal information prescribed in Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act

Disclosure Order or Notice Order

Considering the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence, seriousness of the crime in this case, disclosure order or notification order, side effects expected to be achieved by the order, the prevention and effect of a sexual crime subject to registration, the effect of protecting the victims, etc., it is determined that there is a special intention that the Defendant shall not disclose or notify personal information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, the Defendant has failed to issue an disclosure order or notification order with respect to the Defendant.

Judges

Degree of Nature

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