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(영문) 광주지방법원 순천지원 2019.10.11 2019고단1328
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 May 18, 2019, around 02:56, the Defendant: (a) reported that the victim D entered a female toilet, and (b) entered a women’s toilet, and (c) reported that the victim took salvines from the use side of the light partitions, where the victim reported salvines, the Defendant was able to view the victim’s alvines beyond the partitions.

Accordingly, the defendant invadeds on public use places such as toilets with a view to meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to each on-site photographs and photographs;

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. Where a conviction against a defendant is finalized in relation to the facts constituting a crime in which he/she has ordered to register and submit personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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, and is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that may be achieved by the order, the preventive effect and effect of a sexual crime subject to registration, the effect of protecting the victim, etc., of the Defendant’s exemption order or notification order of personal information, it is determined that there are special circumstances that may not be disclosed or notified of personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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