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(영문) 대전지방법원천안지원 2020.11.20 2019고단1468
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 1:50 on May 23, 2019, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (entry in open space for sexual purpose) stolen the form of the victim’s tolerance from the front floor of women’s toilets in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon to enter women’s toilets (n, 35 years of age, 25 years of age) to the female toilets, and then stolen the form of the victim’s use from the front section of the use section where the victim reported the melting side.

Accordingly, the Defendant intruded on public use places, such as toilets, with a view to meeting his sexual desire.

2. On May 23, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) driving at around 3 km from the Do in front of the Do in the Do of the Do in the Dong-nam-gu, Chungcheongnam-gu to the road in front of the above B building parking lot in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the above Do in the Do in the 11:50 day, driving

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of the police statement of the victim;

1. A reference report on criminal records, etc.;

1. Application of Acts and subordinate statutes to investigation reports (on-siteCCTV search suspectship);

1. Relevant Article on criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the Road Traffic Act, and the selection of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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