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(영문) 창원지방법원 2019.03.13 2019고단4
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 22:00 on July 28, 2018, the Defendant intruded into the above hotel female toilets in order to cut away the women who reported melting sides on the first floor of C hotel in 2018.

Accordingly, the Defendant infringed on public use places used by many unspecified persons for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused prepared by the prosecutor;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to on-site photographs and CCTV images closures;

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 and Selection of Fines;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 56(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse ( comprehensively taking account of the details and methods of the instant crime, the age, character and conduct, occupation, environment, criminal records and the risk of recidivism, the degree of disadvantage and anticipated side effects of the Defendant’s suffering from the employment restriction order, and the prevention effect of sexual crimes that may be achieved therefrom, etc., the Defendant is deemed to have a special reason not to significantly lower risk of recidivism or restrict employment. 1. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Sexual Crimes against Sexual Abuse, the Defendant has no history of criminal punishment for sexual crimes before the instant crime, and the details and methods of the instant crime, the number of crimes and results thereof, and the relationship between the victim and the victim.

In addition, the defendant's order to complete sexual assault treatment programs is to prevent recidivism to a certain extent.

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