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(영문) 창원지방법원 2015.8.20.선고 2015고단950 판결
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Cases

2015 Highest950 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Place bed)

Defendant

A

Prosecutor

Preliminary (prosecution) and police officer of the Republic of Korea (Trial)

Imposition of Judgment

August 20, 2015

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On October 21, 2014, the Defendant was sentenced by the Changwon District Court to six months of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and two years of suspended execution, which became final and conclusive on October 29, 2014, and is currently in the grace period.

1. At around 05:00 on December 6, 2014, the Defendant came to the second female toilets of the 'F' building in Seongbuk-gu, Changwon-si, Sungwon-si, with the mind that he wanting to steals the appearance of an unspecified female who is viewed as a tilted female, and concealed in the partitions by breaking it into the above female toilets. Around 05:0, the Defendant listened to the sound that sees women's galine and galines are melted, and then stolen the shape that g (e.g., 30 years of age) g (e., g., the g., the g., the g., the g., the g., the g., the g.

2. On December 22, 2014, at around 12:49, the Defendant: (a) 10 female toilets on the 10th floor of the Sungwon-si, Changwon-si, Sungwon-si; (b) following I following I in order to steals the appearance I (n, 40 years of age) viewed as a melt, and then intrudes into the above female toilets, and stolen the shape of the hacking the hacks by breaking the above hacks to view the hacks.

Accordingly, the Defendant intruded on public toilets with a total of twice for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G, I, and J;

1. All on-site photographs;

1. An investigation report (the cutting of CCTV images at a place of crime).

1. Criminal records and investigation reports (Attachment of judgment of the same kind and attached thereto);

Application of Statutes

1. Article applicable to criminal facts;

Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Order to complete programs;

The following circumstances were taken into account in determining the same sentence as the order of the reason for sentencing under Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. Unfavorable circumstances: The fact that a person recommits a crime during the period of probation from the same kind of crime, and repeatedly commits a crime twice.

·The favorable normal conditions: confession, reflective, etc.

Where this judgment on the registration of personal information becomes final and conclusive, the accused shall be subject to the registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to

In light of the details of a crime subject to an order to disclose or notify information, the history of punishment, etc., it is determined that there are special circumstances that should not disclose personal information pursuant to 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. Thus, an order to disclose or notify personal information is not issued.

Judges

Judges Yellow Major

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