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(영문) 광주지방법원 순천지원 2015.11.27 2015고단1288
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 8, 2015, at around 10:55, the Defendant met his sexual desire with a view to hearing the sound deemed to be the side of women’s use in the marine cable car ticket box located in the marine cable car ticket box located in the Silsan-Eup Do, Silsan-do, Silsan-do, with a view to hearing the sound deemed to be the side of women’s use of it. The Defendant waited for a light of the victim D (V, 47 years of age) who entered the side side screen, and met his sexual desire.

Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (as regards the situation at the same site):

1. Application of each on-site evidence photographing statute;

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 62 (1) of the Criminal Act (including the fact that a suspended execution is against a depth and that it is endeavoring to prevent recidivism, such as where a mental therapy is received after the instant case);

1. Where a conviction on a sex offense subject to registration becomes final and conclusive under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend, the accused 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 accused is obligated to submit personal

Considering the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process, consequence and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of the protection of the victim, etc., the disclosure order or notification order shall be determined that there are special circumstances that may not be disclosed or notified of personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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