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(영문) 창원지방법원 2015.11.19 2015고단2747
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for not less than three months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Criminal facts

On October 21, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and two years of suspended execution on October 29, 2014 by the Changwon District Court, and the judgment becomes final and conclusive on October 29, 2014, and is currently under suspended execution, and the Defendant appealed six months of imprisonment with prison labor for the same crime in the same court on August 20, 2015 and is currently under trial at the appellate court

On July 24, 2015, around 16:59, the Defendant intruded into the 8th female toilets of Sungwon-si, Changwon-si, Sungwon-si, in order to steals the appearance of a woman who is viewed as being melting the appearance of the female, and concealed it into the second use partitions. After the locking, the Defendant saw the sound of c (Influent, 35 years of age) and the sound of melting the solvents, followed by a sudden changeer, and stolen the appearance that the above C considers as melting the appearance.

Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (report attached thereto, such as written judgments);

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

1. Selection of imprisonment with prison labor chosen;

1. The following circumstances were taken into account in determining the same sentence as the reasons for sentencing under Article 16(2) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order.

- Unfavorable circumstances: The defendant is a person subject to the registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obliged to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the same Act, in cases where this judgment becomes final and conclusive, such as the fact that he/she was committed during the period of suspension of execution due to the same kind of crime - confession and reflects: the fact that the confession and the

An order of disclosure or notification.

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