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(영문) 대전지방법원 2014.07.09 2014고단556
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On February 9, 2011, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras) at the Daejeon District Court on April 23, 201 and completed the execution of the said sentence in the Daejeon Prison on April 23, 20

Criminal facts

On November 13, 2013, the Defendant entered female toilets on the second floor of Daejeon Jung-gu Htel in order to satisfy his/her own sexual desire on November 13:30, and intruded into public places, such as public toilets.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness I and each legal statement of the J;

1. A written statement of I and J;

1. On-site photographs;

1. Before judgment: Application of Acts and subordinate statutes concerning inquiry reports, investigation reports (Attachment of a copy of judgment), and personal identification and confinement status;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 35 of the Criminal Act among repeated crimes;

1. If a conviction of a crime subject to the registration and submission of personal information becomes final and conclusive in the judgment that constitutes a sex crime subject to registration, such as the fact that a person has been sentenced to punishment due to a sexual assault crime on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to complete program and has committed a repeated crime committed during the period of a repeated crime of the same kind and has been punished as a fine, the defendant shall be subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, progress and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration which may be achieved therefrom, and the effect of protecting the victims of sexual crimes, etc., the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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