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(영문) 광주지방법원 2020.04.29 2019고단3701
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 4, 2019, at around 19:20, the Defendant entered the second floor of the apartment building B of Gwangju-gu, Gwangju-gu, in order to see the melting side, and entered the second floor space to see the melting side. In order to see the crypted side of the Defendant, the Defendant shicked the front side of the victim’s c (tentative name, do, 23 years old) which entered the side of the Defendant’s side, and hicking the sound to meet his own sexual satisfaction, with a view to hearing the sound hacking the upper part of the wall, and hicking the upper side of the victim’s hump.

Accordingly, the Defendant intruded on the toilet side which is a public use place used by many unspecified persons for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. 112 case settlement table; and

1. Application of Acts and subordinate statutes to identification field photographs;

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

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

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

1. It is unfavorable that there is no agreement with the victim on the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, or that it is not agreed upon by the victim on the reason of sentencing under Article 334(1) of the Criminal Procedure Act, or that the defendant reflects his mistake, that the defendant is aware of the defendant's crime, that the defendant's crime was committed in the situation where the victim got out only when the victim got out of the victim, that there is no other

According to the proviso of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, where a person is sentenced to a fine for a crime under Article 12 of the Act on the Punishment, etc. of Sexual Crimes, he is excluded from a person subject to registration of personal information.

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