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(영문) 창원지방법원 2014.05.13 2014고단529
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

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

2. When it is necessary for the accused to prevent the recidivism of a sexual crime of forty hours.

Reasons

Punishment of the crime

On December 3, 2009, the Defendant was sentenced to two years of imprisonment for a general automobile fire prevention by the Daegu High Court, and on March 18, 201, the Defendant completed the execution of the sentence in the Busan Correctional Institution.

On October 26, 2013, at around 19:35, the Defendant: (a) stolen the inside of the bath, and then stolen a number of unspecified women’s body, who were taking a bath through underground stairs, in order to satisfy their own sexual desire, by opening an emergency entrance door of the bath and rupture into the bath, and rupture and rupture into the bath.

Accordingly, the defendant invadedd the public bath for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police about E;

1. A statement of the F;

1. A criminal investigation report (CCTV verification);

1. Previous records: Application of Acts and subordinate statutes to the previous records of disposition, report on the result of confirmation, personal identification and confinement status, investigation report (a copy of the judgment attached);

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. Article 35 of the Criminal Act among repeated crimes;

1. Where a judgment becomes final and conclusive on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 is obligated to submit personal information to a related agency

In light of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., personal information shall be personal information pursuant to 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.

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