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(영문) 춘천지방법원영월지원 2020.12.01 2020고단434
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

The defendant is a staff member of the disease control company, who is in charge of the management of public toilets and shower buildings in the Gangseo-gu Military Service B under a contract with the Young-gu Military Service.

At around 16:30 on June 3, 2020, the Defendant had been engaged in the maintenance work in the above public toilets and showerer buildings, and had been engaged in a showering with water milled C (S, 32 years of age, name), and D (S, 28 years of age, name) which had been put in order to show the shower.

Therefore, while managing the above public toilet and shower building, the Defendant knew that some of the tents of the female shower box became a transparent glass, and the Defendant could look at the female shower box through transparent glass if he was up to the roof. As such, the Defendant attempted to cut off the gate of the warehouse, which was locked using the key of the warehouse, and intrude into the bridge inside the warehouse on the rooftop, and then cut off the brue and cut off the clothes within the female shower box.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. 112 Application of the 112 Reporting Case List and the statutes governing field photographs;

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

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Only the registration of personal information, completion of programs to treat sexual assault, and employment restriction orders, under the proviso to Article 47 (1) and the proviso to Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes exempted from disclosure and notification orders.

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