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(영문) 대전지방법원 서산지원 2018.06.22 2018고정119
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On February 23, 2018, the Defendant, at around 08:00 on February 23, 2018, 2018, entered the second floor female toilets of the E building managed by D in Jin-si, Jin-si, with the fence enclosedd inside the toilet entrance, and written “snicking,” such as “snacking, drinking, drinking, drinking, drinking,” etc.

Accordingly, the Defendant infringed on the public use area used by many unspecified persons for the purpose of meeting his sexual desire.

2. On February 26, 2018, around 08:00 on February 26, 2018, the Defendant: (a) sent to a female toilet as stated in paragraph (1) of the same Article with a string of the toilet entrance, and then sent a string, smelling, snicking, snicking, snicking, snicking, snicking, snicking, etc. with a string inside the toilet entrance.

Accordingly, the Defendant infringed on the public use area used by many unspecified persons for the purpose of meeting his sexual desire.

3. On March 6, 2018, the Defendant: (a) 09:00 on March 6, 2018, entered the female toilets as listed in paragraph (1) of the same Article, and made a scambling statement, stating that “snick, snick, off, and pande off, panty.”

Accordingly, the Defendant infringed on the public use area used by many unspecified persons for the purpose of meeting his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The proviso to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the registration and submission of personal information (the defendant shall be punished by a fine;

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