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(영문) 제주지방법원 2015.03.19 2015고단75
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for six 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, within a so set soup, worn soup, she both male and female, frying so that all male and female workers cannot see the case on the head of the fry, using the fact that people cannot easily distinguish the Defendant’s gender, and frying into a fry room exclusively for women within the frytory room for the purpose of meeting the Defendant’s sexual desire, and frying through six times in total as shown in the attached list of crimes, from December 16, 2014 to December 22:32 of the same day, the Defendant invadedd into the fry room exclusively for women of the first floor in Jeju City by using a fry to cover it on the head.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. A report on investigation (report and reasons for mobilization);

1. Application of the Acts and subordinate statutes to a CCTV image closure photograph;

1. Relevant Articles of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment therefor: Article 12 of the Act on Special Cases concerning the Punishment,

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. An order to attend a course: It shall be decided as per the Disposition on the grounds of Article 16 (2) or more of the Act on Special Cases concerning the Punishment, etc.

Where a judgment becomes final and conclusive to submit personal information of the same kind and two times before the reason for sentencing, the accused is a person subject to registration of personal information prescribed in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the head of the competent police office pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, there are special circumstances that may not disclose and notify personal information pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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