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(영문) 의정부지방법원 2019.10.10 2019고단2943
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

피고인은 2019. 3. 25. 06:25경 남양주시 B에 있는 C에서, 여탕 내부가 보이는 탈의실 안까지 들어갔다가 직원 D으로부터 퇴거를 요구받자 “볼 것도 없구만, 뭘”이라는 말을 하고 나갔다가 재차 여탕 탈의실에 들어갔다.

Accordingly, the Defendant infringed on public-use facilities used by unspecified persons for the purpose of meeting his sexual desire.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Partial statement of the police interrogation protocol of the accused;

1. Each written statement prepared D and E;

1. Application of the Act and subordinate statutes to cover up on-site photographs, to set up CCTV images in a soup, Crup, and one set of CCTV images in a soup bank;

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

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 the following circumstances acknowledged in the public disclosure order, notification order, and exemption of employment restriction order, 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: (i) one-time criminal acts; (ii) there is no same type of punishment power; (iii) there is no registration of personal information; and (iv) it appears that the completion of sexual assault treatment program would have an effect to prevent recidivism by the Defendant to a certain extent; and (iv) other circumstances, such as the Defendant’s age, occupation, family environment, social relationship, criminal record and risk of recidivism; the disclosure order, notification order, and effect expected by employment restriction order; and the disadvantages and side effects resulting therefrom, the Defendant’s new information shall be disclosed or notified.

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