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(영문) 대전지방법원 천안지원 2019.08.30 2019고단148
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
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 had weak ability to discern things or make decisions due to the intellectual disability of latitude.

On October 11, 2018, at around 10:23, the Defendant entered the second square of female toilets in the Kancheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, the Defendant discovered that the victim L (e.g., 55 years old) entered the side square and then stolen the head of the square and stolen it in the narrow below. From that time until October 30, 2018, the Defendant intruded into the public toilets for the purpose of meeting sexual desire six times, such as the list of crimes in the annexed list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning L;

1. Each statement of M and N;

1. Application of Acts and subordinate statutes by capturing the suspect's face pictures and CCTV images;

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

1. Articles 10 (2) and 55 (1) 3 of the Criminal Act that are legally mitigated;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 16 (4) and the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Articles 2-3 subparagraph 1 and 44-2 of the Medical Treatment and Custody, etc. Act;

1. The reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom an employment restriction order was issued is that each of the crimes of this case committed in the course of being tried at the Daejeon District Court's astronomical Support (a fine of KRW 3 million is sentenced on November 9, 2018), and the crime is not less complicated in light of the background and methods of the crime, the form and frequency of the act, the mental shock and sense of shame that the victims received, etc. Meanwhile, each of the crimes of this case was led to the confession and rebuttal of each of the crimes of this case, and the crime committed in a state of mental disability due to the intellectual disorder of the longitude, etc. before the case.

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