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(영문) 대구지방법원 안동지원 2021.01.20 2020고단575
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On February 25, 2020, the Defendant reported that the victim D entered a female toilet to meet his own sexual desire in a public toilet located in Andong-si B on February 25, 2020, and subsequently, when the victim reported a melting side in the second column, the Defendant stolen the victim's melting the string of the toilet floor by opening the strings on the toilet floor and opening it in the second column.

As a result, the suspect intrudes on female public toilets, which are public places, to achieve sexual objectives.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to arrest reports on the occurrence of the case, internal investigation reports (Attachment of site photographs), investigation reports (Attachment of site photographs), one CD, photographs, and investigation reports (an investigation into correction of the criminal suspect's time of crime)

1. Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and the selection of fines concerning the crime

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Persons with Disabilities Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act;

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is committed by the Defendant’s intrusion into female public toilets, and the nature of the crime is not good. Accordingly, the victim appears to have suffered considerable shock, but the fact that the agreement with the victim was not reached is disadvantageous to the Defendant.

However, under the circumstances favorable to the defendant that the defendant recognized the crime of this case, the defendant's occupation, age, sexual conduct, environment, motive, circumstance, means and consequence of the crime.

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