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(영문) 서울서부지방법원 2017.02.03 2016고단2953
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

1. The defendant shall be punished by imprisonment for four months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On June 2016, the Defendant entered the Seocho-gu Seoul Metropolitan Government Women’s Happing Room B 4 to repair women to satisfy their sexual desire.

2. On July 20, 2016, the Defendant entered the dedicated smoking room for women, next to the above-mentioned or female escape room, in order to repair women with a view to meeting their sexual desire.

3. On August 2016, 2016, the Defendant entered the Defendant’s early stage to repair women with a view to meeting their sexual desire on the stairs front of the above-mentioned and the fifth-story female bath.

4. On August 16, 2016, the Defendant entered the 23:00 room of the 23:00 room of the 3:00 room of the 3:00 room of the 3:0 room of the 3:0 room of the 3:0 room of the 3:0 room

Accordingly, the defendant invadedd the above-mentioned lele or women's escape room, etc., which is a public forum, for the purpose of meeting his sexual desire four times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

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

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing shall be considered as favorable circumstances, etc. in the light of the importance of sentencing):

4. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Protection and Observation.

5. Reasons for sentencing of the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the order to attend lectures;

1. Unfavorable circumstances: The defendant committed each of the crimes of this case on several occasions starting from committing the crimes of this case as set forth in Article 1 of the Judgment of the Suspension of Sentence as a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing, such as camera, etc.);

1. favorable circumstances: The age, sex, environment, motive and means of committing a crime of the defendant, such as the fact that the defendant has committed all mistakes, and that there is no previous conviction sentenced to punishment, etc.

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