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(영문) 광주지방법원 2014.12.17 2014고단1039
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 1, 2014, at around 13:00, the Defendant entered a public toilet located on the first floor of the Gwangju Mine-gu, Gwangju, into a female toilet, and came to know of the fact that the Defendant reported the urine by entering the victim C (inn, 18 years of age) in the side partitions, the Defendant got off the victim by taking away the urging and cutting down the urging.

Accordingly, the Defendant infringed on public toilets, which are public places, for the purpose of meeting his sexual desire.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of C’s written laws and regulations

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Where a conviction on a sex offense subject to the registration of personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is confirmed, the accused 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 the accused is obligated to submit personal information to the head of a competent police agency

In light of the Defendant’s age to be exempted from the disclosure order or notification order, records of the crime, contents and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, the prevention and effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the court shall not issue an order to disclose or notify personal information to the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, 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.

The reason for sentencing is that the defendant commits sexual assault crimes.

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