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(영문) 서울북부지방법원 2015.08.27 2015고단1921
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On April 10, 2015, the Defendant: (a) around 23:35, on April 10, 2015, at the first female toilets in Seoul Special Metropolitan City, Nowon-gu, the first column of female toilets in order for women to steals the appearance that women see, and then stolen the form in which D (name, mar, 41) entered the second column through a hole posing the partitions.

Accordingly, the defendant invadedd his sexual desire at public places to satisfy his own sexual desire.

2. On May 15, 2015, the Defendant, around 2015 and around 23:55 on May 15, 2015, entered the front side of the 1st female toilet of Dobong-gu Seoul, Dobong-gu Seoul Metropolitan Government, and then opened a draber, which was carried to cut off the side partitions, to which the victim F is the victim F.

After that, the Defendant stolen the appearance of 2 female women using the second partitions from around that time to May 16, 2015.

Accordingly, the defendant damaged the victim F's property to maintain its utility, and intruded into public places for the purpose of meeting his sexual desire.

Summary of Evidence

[Article 1-2015 Highest 1921]

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Photographs (the fact-finding 2, 2015 Highest 2438)

1. Statement by the defendant in court;

1. Seizure records;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes under Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 366 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act.

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