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(영문) 부산지방법원 2020.01.15 2019고단5467
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal power] On November 19, 2018, the Defendant was sentenced to 4 months of imprisonment and 6 months of imprisonment with labor at the Busan District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and completed the execution of the sentence at the Jinju prison on November 1, 2019.

【Criminal Facts】

On November 8, 2019, around 13:35, the Defendant entered 3rd female toilets in Jung-gu, Busan, with a view to meeting his sexual objectives, and entered 6th female toilets in Jung-gu, Busan, with a view to stealinging women who see their sides, respectively.

Accordingly, the defendant invadeds on women's toilets, which are public use places, to meet his sexual objectives.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. 112 reported case handling table;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports ( Results of search of inmates, information on sex offenders), and application of each of the statutes governing the judgment;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Where a conviction of the accused is finalized as to the facts constituting a crime in which he/she registers and submits personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, 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

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, and the degree of disadvantage that the defendant suffers due to the disclosure order or notification order of personal information.

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