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(영문) 수원지방법원 평택지원 2017.08.24 2017고단255
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) on October 29, 201, the Defendant entered a female away room in Ansan-si C, with the mind of viewing women’s body, entered a single-story room using stairs, and entered a single-story room in the same manner around 05:07 on the same day.

Accordingly, the Defendant infringed on public places such as public bath for the purpose of meeting his sexual desire.

2. On October 29, 2016, around 05:34, 2016, the Defendant was found to be locked by the victim E (man, 21 years of age) in the 2nd public resting room of “D Sarina” as indicated in paragraph (1) on October 29, 2016, and the Defendant was able to sit back to the person who is inside the part of the victim’s inside, and then write back the arms back and rhh the part of the victim’s left hand.

Accordingly, the defendant committed an indecent act against the victim by using the victim's potential state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements;

1. Application of Acts and subordinate statutes, such as photographs by cutting off the scenes and video images;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Articles 299 and 298 of the Criminal Act, and the selection of imprisonment, respectively, concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Criminal facts subject to registration and submission of personal information, including the following facts: (a) a crime that may cause fear and shame to victims of the reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; (b) an indecent act committed by them is relatively minor; (c) there is no previous conviction or fine exceeding the same kind of criminal records or fine; and (d) there is no opportunity to reflect through one month’s life.

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