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(영문) 창원지방법원 2014.09.16 2014고단1895
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

1. The defendant shall be punished by imprisonment for four months;

2. When it is necessary for the accused to prevent the recidivism of a sexual crime of forty hours.

Reasons

Punishment of the crime

On December 10, 2013, the Defendant was sentenced to one year of a suspended sentence of four months in the Changwon District Court for a public performance and obscene crime, which became final and conclusive on December 18, 2013, and is currently under suspended sentence.

On July 10, 2014, at around 19:01, the Defendant, at the window of Changwon-si, 201, went off in the front room of women's toilets of the second floor of the building C, by using drones in the above women's toilets. On the same day, around 19:11, the Defendant heard the sound that the victim D (the age of 24) entered the side partitions of the Defendant, followed by a raid gate, and stolen the form that the victim sees the sides.

Accordingly, the defendant invadeds on women's toilets, which are public places, to satisfy sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Investigation report (fields and CCTV confirmations);

1. Previous records of judgment: Application of inquiry reports such as criminal records, etc. (A), investigation reports (the identity of a suspect, confirmation, and attachment of data), investigation reports (a copy of judgment attached) and Acts and subordinate statutes;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Where a judgment becomes final and conclusive on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency

Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, consequence 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 to be achieved therefrom, and the effect of protecting the victims, etc.

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