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(영문) 전주지방법원 정읍지원 2015.10.27 2015고단350
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

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

Seized one copy (No. 1) shall be confiscated

80 hours against the defendant.

Reasons

Punishment of the crime

On March 25, 2014, the Defendant was sentenced to four months of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Jeonju District Court and the Eup branch court, and completed the execution of the said sentence in the military prison on January 22, 2015.

At around 17:00 on April 2, 2015, the Defendant intruded into a public female toilet at the entrance of the E parking lot in regular Eup, and her waiting in the second column. The Defendant confirmed that the Victim F (V, 43 years old) entered the first column, and confirmed that the Victim F (V, 43 years old) entered the first column, and caused the Victim to feel a sense of sexual humiliation by putting the Victim's her her flab, which was possessed by the Defendant with the floor, into a locking her flab with the floor.

Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Records of seizure, lists of seizure and photographs of seized articles;

1. Previous records of judgment: References to inquiries, such as criminal records, reports on investigation (Attachment to judgments, etc.), and application of Acts and subordinate statutes to investigation reports (Attachment to latest rulings);

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. Article 35 of the Criminal Act among repeated crimes;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse, Article 50(1)2 and Article 50(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which has three times the criminal history of punishment for the same crime. In particular, the Defendant committed the instant crime during the period of repeated crime of which three months have passed since the execution of imprisonment was completed due to the same crime.

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