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(영문) 수원지방법원 2019.01.10 2018고단5668
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:50 on August 11, 2018, the Defendant received a request from the victim C (V) to “abscam from female toilets” in the female toilets located in the B commercial building B at Sungsung-si, 2018.

After confirming that the victim entered the female toilet partitions, the Defendant invadedd female toilets by entering the side side partitions of the victim, and observed that the victim was able to see the change.

Accordingly, the Defendant invadedd the public use area for sexual purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of the victim C;

1. Application of investigation reports (CCTV investigation) and CCTV video CD-related Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act; Article 59 of the Act on Probation, etc.; the main sentence of Article 16 (2), (3) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where a conviction on the crime of this case to be registered and submitted with personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse becomes final and conclusive, the defendant is a person subject to registration of personal information under the main sentence of Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information

Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, degree of disadvantage and anticipated side effects to be borne by the Defendant due to an disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victims thereof, etc.

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