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(영문) 대구지방법원 2020.10.21 2020고정777
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 26, 2019, the Defendant, around 16:30 on November 26, 2019, was in the female toilets of the first floor of the building D of C University D located in Gyeongsan-si, Gyeongsan-do, and was in the vicinity thereof, and infringed on female toilets with a view to meeting his sexual desire.

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. Application of each Act and subordinate statutes on investigation into police statements E of the defendant's legal statement;

1. Relevant legal provisions concerning facts constituting an offense and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 17264, May 19, 2020) concerning the selection of punishment for a sexual crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 334(1) of the Criminal Procedure Act: (a) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment; (b) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Articles 50(1) and the proviso to Article 56(1); and (c) the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (the order to complete a sexual assault treatment program alone appears to have the effect of preventing re-offending; and (c) comprehensively taking account of the social benefits expected by an order to disclose, notify, or restrict employment; (d) the effects expected by an order to disclose, notify, or restrict employment; and (e) the disadvantages and anticipated side effects of the accused, there are special circumstances in which no employment restriction may be placed in a child, juvenile-related institution, etc. and welfare facilities for the disabled

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