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(영문) 의정부지방법원 2021.01.21 2020고단5253
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

At around 14:00 on July 2, 2020, the Defendant entered the entrance doors of the third female toilets of B B building in Namyang-si in order to satisfy his own sexual desire. The gist of the evidence was invaded by the Defendant’s inside the toilets through the entrance doors of the third female toilets of B building.

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of this Act and subordinate statutes to the scene of crime (three-story female toilets in B building), photographs, and CCTV images in B building, etc.;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Protection and observation, community service, and the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order, an order of notification, and an order of restriction on employment; Article 49(1) proviso of the former Act on the Protection of Juveniles against Sexual Abuse; Article 49(1) proviso of the former Act on the Protection of Juveniles against Sexual Abuse; Article 50(1) proviso; Article 56(1) proviso of the Act on the Welfare of Persons with Disabilities; Article 59-3(1) proviso of the Act on the Welfare of Persons with Disabilities (including the following circumstances recognized in the record; i.e., the recognition and reflect of the crime of this case; ii) the fact that the defendant has no record of criminal punishment; iii) execution of protection and observation; registration of personal information; and lectures to treat sexual assault

In full view of the facts such as the Defendant’s age, occupation, family environment, social relationship, criminal record and risk of recidivism, the disclosure order of this case, benefits and preventive effects expected by the notification order and the employment restriction order, and the disadvantages and side effects therefrom, there are special circumstances that may not disclose or restrict the Defendant’s personal information.

I think)

The crime of this case on the grounds of sentencing lies in female toilets for more than two hours, while women are able to change.

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