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(영문) 전주지방법원 남원지원 2020.01.21 2019고단261
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

At around 23:20 on July 13, 2019, the Defendant: (a) reported that “C”, “D (n, 57 years of age, and name) entered a female toilet,” which was located on the second floor of the building B, entered the said building, entered the first partitions of female toilets of the said building; and (b) went into the toilets of the said space, and (c) took the form of D, in which the toilet partitions reported in the side partitions using the said space.

Accordingly, the defendant invadeds on women's toilets in buildings that are public use places to satisfy sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes concerning investigation reports (on-site photographs);

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. 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. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; 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 (where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration and submission of personal information in full view of the Defendant’s age, environment, social relationship, record of the crime, details and motive of the crime, method and consequence of the crime, risk of recidivism, anticipated side effects and side effects of the Defendant’s disadvantage due to the disclosure notification order, prevention of the sex offense subject to registration that may be achieved thereby, and effect on protection of victims, etc., the Defendant is subject to the registration and notification of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the Defendant is subject to registration of personal information pursuant to

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