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(영문) 인천지방법원 부천지원 2016.02.17 2015고단3542
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 24, 2015, the Defendant, around 04:30 on October 24, 2015, entered the victim E (the age of 35) (the age of 35) in the next column where women are waiting to enter the front door while waiting to enter the front door, with a sexual purpose to see the appearance of women on the first floor of the building D Special Metropolitan City, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul. Around October 24, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes written in E;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture is that the Defendant had already been punished for the same kind of crime, but has not been aware of the fact that the Defendant again committed the instant crime.

However, the punishment as ordered shall be determined by considering the circumstances under Article 51 of the Criminal Act, such as the confession of the crime of this case and the fact that the defendant seems to have repented his mistake.

When a conviction on a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the judgment which is a sex offense subject to the registration of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the head of the competent police office pursuant to Article 4

In light of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage, the prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., there are special circumstances that may not disclose personal information.

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