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(영문) 울산지방법원 2020.08.27 2020고단912
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
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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

On October 20, 2019, at around 16:05, the Defendant: (a) discovered that the victim D (the age of 23) entered a female toilet; and (b) discovered that women are melting a melt, entered a female toilet; (c) entered a female toilet according to the victim; (d) entered a female toilet; and (e) taken a brucated bine, which is adjacent to the use screen of the victim’s entry; and (e) stolen the victim’s appearance.

Accordingly, the defendant invadeds on women's toilets, which are public use places used by many unspecified persons for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the statutes on photographs and CCTV output screen;

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

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Courses;

1. Where a judgment on the duty to register and submit personal information pursuant to the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus,

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50 of the same Act, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, degree and effect of disadvantage to the Defendant due to an order of disclosure or notification, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc.

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