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(영문) 대구지방법원 서부지원 2018.11.27 2018고단1598
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

A defendant shall be punished by imprisonment for six 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

On May 17, 2018, around 23:16, the Defendant entered the 2nd floor of the D Station, the 2nd floor underground space in Daegu-gu, Daegu-gu, and opened a toilet door from the 3rd column, and carried out the Defendant’s sexual organ and self-defense, and continued to protect the women who used the toilet and snow of the elderly, and was able to do so.

As a result, the Defendant intruded on women's toilets, which are public use places, for the purpose of meeting the Defendant's sexual desire, and openly obscenity in women's toilets used by many and unspecified people.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Photographs of the scene of crime;

1. Application of CCTV photographs and CCTV video CD-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes (a point of intrusion into public places for sexual purposes), Article 245 of the Criminal Act (a point of obscenity) and choice of imprisonment with prison labor;

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 62 (1) of the Criminal Act on the suspended execution;

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

1. Where a conviction becomes final and conclusive with respect to a crime violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Intrusion into public places for sexual purposes) in the judgment on a sex offense subject to the registration of personal information under Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse, the accused 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 the accused is obligated to submit

The age, occupation, family environment, social relationship, criminal record and risk of recidivism of the defendant exempted from the disclosure order, and the profits and preventive effects expected by the disclosure order and the notification order, as well as resulting therefrom.

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