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(영문) 인천지방법원 2016.05.12 2016고단721
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 20, 2016, at around 17:45, the Defendant, at around 17:45, was in a female toilet installed in front of the DPC room 1, Nam-gu Incheon Metropolitan City, in order to cut away women who enter the above toilet, the Defendant entered the first column in order to cut off them. The sound coming into the second column E (I, 20 years of age) was stolen by the Defendant’s face.

Accordingly, the defendant intruded on the building managed by others.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a investigative report (as to the analysis ofCCTV images and the attachment of a photograph to the closure);

1. Article 319 of the Criminal Act applicable to the crime, Article 319 of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the unfavorable circumstances, such as the fact that the crime of intrusion on a female toilet is very bad in terms of the nature of the crime to view a woman who sees the reasoning for sentencing of Article 334(1) of the Criminal Procedure Act, and the fact that the defendant does not have any record of punishment, the first offender who has no record of punishment shall be considered in favor of the defendant, and the fact that the defendant is the first offender who has no record of punishment shall be considered in light of the favorable circumstances, and other matters prescribed in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, sex, environment, etc., as indicated in the records and arguments of the case, shall be determined as ordered

The acquittal portion

1. The summary of the facts charged is around 17:45 on January 20, 2016, the Defendant entered the first column of a female public toilet installed in the above PC room in order to steals women from the DPC room located on the first floor of the Nam-gu Incheon Metropolitan City, Seoul, in order to capture women from the above PC room, and entered the victim E (V, 20 years of age) in the second column, and the victim’s body was physically the victim’s face.

Accordingly, the Defendant intruded on female public toilets, which are public places, with a view to meeting his sexual desire.

2. Determination:

(a) The punishment, etc. of sexual crimes;

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