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(영문) 부산지방법원 동부지원 2016.03.30 2015고단2300
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

No person shall intrude into public places, such as public toilets, or receive a request for eviction from the same place for the purpose of meeting his/her sexual desire, nor refuse to comply therewith.

Nevertheless, around April 02, 2015, the Defendant reported the melting side from the male side of the public toilet, which is a male and female official, in Busan Metropolitan City Shipping Daegu C1 on April 22, 2015, and went out of the toilet, and entered the above toilet as the victim D (Y, 25 years old), and entered the above toilet again into the above toilet again, and intruded into the public toilet with the aim of meeting his sexual desire, such as stealing the inside of the public toilets due to the gap in the partitions for female use.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, D, and F;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from the director of a building management);

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 sentencing shall be taken into consideration in favor of the people in mind):

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses of Children and Juveniles (the fact that the accused has no record of punishment for a sex crime and the characteristics of the instant crime, etc. are likely to repeat a sex crime against the accused in light of the fact that the accused has no record

In full view of the fact that it is difficult to readily conclude, the registration of personal information, and the completion of a sexual assault treatment program are deemed to have the effect of preventing recidivism to a certain extent, and other various circumstances, such as the Defendant’s age, family relationship, background and process of the instant crime, benefits and preventive effects expected from the instant disclosure order and notification order, and disadvantages and side effects therefrom.

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