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(영문) 수원지방법원 성남지원 2019.07.23 2018고단2079
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 3, 2018, at around 15:40, the Defendant entered the second column of the above female toilets for the purpose of self-defense.

Accordingly, the defendant invadeds on female toilets used by unspecified persons for the purpose of meeting his sexual desire.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement to be prepared;

1. Application of statutes on site photographs;

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

1. If a conviction of a criminal fact stated in the judgment on the punishment, etc. of a sexual crime committed in order to complete a program becomes final and conclusive, the defendant 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, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same

In light of the Defendant’s age, occupation, risk of repeating a crime, type of a crime, motive, consequence, seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that may be achieved by the order, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., the Defendant shall not be ordered to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The exemption from the employment restriction order is due to the age of the defendant, family environment and social relationship, records of the crime, details and motive of the crime, methods and results of the crime, risk of recidivism and employment restriction order.

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