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(영문) 서울북부지방법원 2020.06.05 2020고단1387
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 13, 2018, the Defendant, at the Seoul Northern District Court, sentenced two years to imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras Use and Screening of Cameras), etc., and completed the execution of the above sentence on February 9, 2020.

1. At around 16:00 on March 17, 2020, the Defendant entered the first side column of the toilet for the purpose of self-defense, with a view to committing a self-defense, with a view to having the sound seeing women’s melting the side of the second floor of the B building in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu.

2. On April 5, 2020, around 16:10 on April 5, 2020, the Defendant entered into the first common column of the toilet for the purpose of causing sexual humiliations by making women who are not aware of at least the second female toilets in Seoul Special Metropolitan City, Nowon-gu, Seoul.

Accordingly, the Defendant infringed on toilets, which are public use places, on two occasions with a view to satisfaction of his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, D, E, and F (tentative name);

1. A criminal investigation report (to attach on-site verification of the case and photographs recorded);

1. Report on internal investigation (to have telephone conversationss of victims and site verification) and report on internal investigation (to have CCTVs investigated at the scene of the incident);

1. On-site photographs and photographs;

1. CCTV photographs;

1. Previous records of judgment: Application of criminal records, probationary records, personal confinement status, investigation reports (applicable to the suspect's previous records and judgment, etc.);

1. Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), the selection of imprisonment with prison labor, and the selection of punishment for the crime

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

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, Article 49(1)2 and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, shall be applicable.

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