logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.03.28 2017고단5763
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

1. The defendant shall be punished by imprisonment with prison labor for three 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 July 23, 2017, around 05:20 on July 23, 2017, the Defendant followed the Victim F (n, 28 years of age) to female toilets located in the E subway Station located in Busan East-gu, Busan. On the other hand, the Defendant changed the victim from the side partitions of the partitions in which the victim entered, and changed the victim from the partition to the width with the width.

Accordingly, the defendant invadeds on public toilets to satisfy his sexual desire.

Summary of Evidence

1. Partial statement of the defendant;

2. Legal statement of witness F;

3. Statement made by the police with regard to F;

4. Application of the Acts and subordinate statutes of the inquiry letter;

1. Relevant legal provisions on criminal facts and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15156, Dec. 12, 2017);

2. Judicial mitigation under law: Article 10 (2) and Article 55 (1) 3 of the Criminal Act (mental and physical weakness caused by mental retardation, etc.);

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Article 62-2 of the Criminal Act to observe an order to observe the protection; Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

5. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

6. Determination on the assertion between the Defendant and his/her defense counsel under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against the Disclosure of Registered Information and Orders to Notify Information, the main text of Article 49(1) and Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse

1. Summary of the assertion

A. The Defendant saw the victim hingly followed the victim to a toilet to divide his son and female dialogue, and there was no intention to scam the victim with his scam with his scams or with his scam, and there was no intention to scam his sexual organ with his will to meet his sexual desire.

B. At the time of the instant case, the Defendant was in a state of mental and physical loss due to delay in the spirit of serious evidence.

2. Determination

A. First, there is no reasonable doubt about the first argument. (1) The degree of formation of a conviction for finding a guilty guilty in a criminal trial.

arrow