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(영문) 인천지방법원 부천지원 2016.03.16 2016고단71
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 27, 2015, at around 01:03, the Defendant thought that many unspecified women are able to see the appearance of female toilets on the first floor of the Kucheon-gu Office building C, Seocheon-gu, Seocheon-si, Seoul, and concealed the above female toilets in the right side column. The Defendant saw that the victim D (e.g., 21 years of age) is melting the face of the wall where the windows are installed in the narrow space.

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

Summary of Evidence

1. The defendant's legal statement (as at the second date);

1. Application of the Acts and subordinate statutes in which statements made by the police in D are recorded;

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. Circumstances favorable to the reasons for sentencing under Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant: The Defendant appears to have led to the instant crime and have repented his/her mistake; the victim and the victim agree with the victim of the instant case, which led to an unfavorable circumstance: The Defendant again committed the instant crime despite the fact that he/she had been punished for committing a crime under similar veterinary laws; and the Defendant is waiting for marriage and not re-offending in a new ties relationship; and other circumstances under Article 51 of the Criminal Act are comprehensively taken into account, such as the fact that he/she is going through marriage and is going not to repeat a crime.

If a conviction on a crime committed in 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 43 of

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