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(영문) 대구지방법원 2020.06.17 2020고단141
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 7, 2019, at around 21:00, the Defendant entered the first screen of female toilets in the second floor of Daegu Jung-gu B commercial building, and opened the door, from around 17:50 of the following day, and listened to sound coming from the side side screen of the victim C (the 23 years old), and stolen the image of the victim’s use by keeping the face under the upper side screen.

Accordingly, the Defendant intruded on public women's toilets, which are public use places used by unspecified majority for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning C (tentative name);

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to report internal investigation (on-site situations, etc.);

1. Relevant legal provisions concerning facts constituting an offense and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 17264, May 19, 2020) concerning the selection of punishment for a sexual crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. In full view of all the circumstances such as the confession of a criminal defendant on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the fact that there is no record of criminal punishment, the content of the instant crime, and the circumstances after the crime, the sentence as ordered shall be imposed on the defendant.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, Notification Orders, and Employment Restriction Orders, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 59-3(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities appears to have the effect of preventing re-offending even by issuing personal information registration and orders to complete sexual violence treatment programs, and other social benefits expected by the disclosure order, notification order, and employment restriction order

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