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(영문) 서울서부지방법원 2016.08.26 2015고단1468
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

1. The defendant shall be punished by imprisonment for four months;

2. However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On May 24, 2015, around 02:46, the Defendant: (a) went through the entrance to the “D Women’s Exclusive Notice Hostel” located on the Seoul Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government 3rd floor; and (b) intruded into the room occupied by other persons by getting out of the inner toilets.

Summary of Evidence

1. The defendant's legal statement (as at the seventh public trial date);

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of punishment;

2. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances in which the following sentencing is favorable).

1. Unfavorable circumstances: The defendant, as a male, has intruded into an exclusive toilet for women, causing considerable mental damage to a person who used the toilet at the time when he/she was in use, such as cutting off a studio;

1. favorable circumstances: Taking into account all kinds of sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, such as the fact that the defendant has committed a mistake, the fact that there is no previous conviction exceeding a fine, and the fact that it appears to have reached

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