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(영문) 광주지방법원 2017.11.10 2017고단3906
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

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

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 4, 2017, at around 22:00, the Defendant entered the first floor female toilets of the Gwangju Mine-gu, and stolen the appearance of the victim (e.g., 21 years old) who seeks to melting the cryp in the third column, and then stolen the cryp from the first column to cryp the cryp.

Accordingly, the Defendant infringed on public places, such as public toilets, with a view to meeting his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. On-site evidence and photographs;

1. Investigation report: Investigation report with respect to the contents of the toilet time taken by video images, and investigation report: the time of the crime and the specific contents of the crime.

1. Application of the Acts and subordinate statutes to inquiries about the facts of the Gwangju Mining District;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; Article 49(1) proviso of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse (a) of the Act on the Protection, etc. of Juveniles against Sexual Abuse. (b) the Defendant’s age, family environment and social ties, power, details and motive of the crime, method and consequence of the crime; (c) the degree and anticipated side effects of the Defendant’s disadvantage due to disclosure orders or notification orders; (d) the prevention and effect of sexual crimes

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