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(영문) 서울동부지방법원 2019.09.19 2019고단2160
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 4, 2019, at around 18:21, the Defendant entered the 1st floor female toilets in Songpa-gu Seoul Metropolitan Government, and gone through a changeer in the second floor partitions, and then cut off and then cut off the partitions with a strings, thereby cutting off the strings, the Defendant stolen the form of the victim C (one name, half, 47 years old) who was in the side column of the partitions.

Accordingly, the defendant invadeds on public use places used by many unspecified persons for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement made to C (alias);

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. Where a conviction becomes final and conclusive with respect to a crime of violation of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and Article 59-3(1) main text of the Act on Welfare of Persons with Disabilities against a defendant who has registered personal information of this case, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 shall be comprehensively considered in light of the following: the Defendant’s age, occupation, risk of recidivism, motive for committing a crime, method of committing a crime, seriousness of a crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims.

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