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(영문) 수원지방법원 2018.10.18 2018고단3891
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 21, 2018, the Defendant came to around 20:12, 2018, the 10th floor of the Yeongdeungpo-gu Seoul Building B, Young-gu, Young-si, the Defendant: (a) then stolen the women seeing the urine, and entered the victim D (I, 46 years of age) with a view to achieving their sexual objectives; and (b) stolen the victim who sees the urine in the female toilet partitions.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in D;

1. On-site photographs, the table of 112 reported cases, on-site maps, requests for appraisal of field fingerprints, written appraisal, etc.;

1. Application of Acts and subordinate statutes to investigation reports (CCTV listening reporting, etc.);

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, community service order, Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., the main sentence of Article 16 (2), the main sentence of Article 16 (3), and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 3 of the Addenda of the same Act (amended by Act No. 15352, Jan. 16, 2018) (the defendant asserts to the purport that the defendant has a mental disorder.

The defendant has been judged to have a boundaryal obstacle.

However, according to the records, the defendant was aware of the fact that he could be subject to heavy punishment for the period of suspension of execution, and the reason behind the crime of this case is clearly stated, the defendant's awareness of the concept of "act" and the level of pointed out to be clearly indicated, the defendant can clearly state his good faith judgment as to his act, and the defendant is accurately aware of the prohibition norm that he should not be subject to heavy punishment when entering a female toilet.

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