logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.09.09 2020고단2435
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
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 of the final judgment.

Reasons

Punishment of the crime

On May 22, 2020, the Defendant was sentenced to a suspended sentence of one year in April of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, at the Busan District Court's Branch Branch, and the judgment became final and conclusive on the 30th of the same month.

On April 4, 2020, at around 21:03, the Defendant entered the victim C (one name, half, and 24 years old) who reported a balle in the first common space to cut away women who look at a balle from women's toilets in Busan Jung-gu, Busan, and changed the appearance of the victim C (one name, half, and 24 years old) into the common space.

Accordingly, the defendant invadeds on women's toilets, which are public use places used by many unspecified persons for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation into prosecutor's protocol of statement C (report on the closure of CCTV in front of a toilet);

1. A photograph of each on-site photograph, CCTV image CD, or CCTV closure;

1. Previouss before and after judgments: Criminal records, inquiry reports, reports on criminal records (Attachment to reports on criminal records of the same kind of suspect), application of Acts and subordinate statutes;

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 (amended by Act No. 17264, May 19, 2020) for which the choice of a sentence has been made;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

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

1. Where a conviction against the defendant is finalized as to the facts constituting a crime of which the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020) and the main sentence of Article 59-3(1) of the Welfare of Disabled Persons Act are to be registered and submitted, the defendant becomes 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 a related agency pursuant to Article 43 of the same Act.

arrow