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(영문) 서울북부지방법원 2019.07.25 2019고단320
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

The punishment of the accused shall be set forth in six months.

The defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On October 2, 2018, around 13:04 on October 2, 2018, the Defendant: (a) intruded into a female toilet of the first floor of the Dongdaemun-gu Seoul Northern District; and (b) deemed that the victim C (the age of 22) was able to have a bridged on the front floor of the partitions by making use of a creshing

Accordingly, the defendant invadeds on female toilets to satisfy his sexual desire.

2. On October 4, 2018, around 13:20 on October 4, 2018, the Defendant found that the Defendant intruded into the female toilet as stated in paragraph (1) and that women who cannot know their names through the partitions are melting a melt.

Accordingly, the defendant invadeds on female toilets to satisfy his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared in D, E, and C;

1. Each investigation report (combined processing of an occurrence report and hearing of the F phone statements by security guards accompanied by on-site CCTV data;

1. CCTV images;

1. The application of statutes to prepare and report a record book;

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

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

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in full view of the Defendant’s age, occupation, family environment, social ties, criminal records and the risk of re-offending, benefits and preventive effects expected from the instant disclosure order and the instant notification order, and disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information shall not be disclosed or notified).

1. The grounds for sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities ( December 11, 2018), and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities shall be the same.

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