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(영문) 서울동부지방법원 2019.10.18 2019고단2503
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[Criminal Power] On March 16, 2018, the Defendant was sentenced to eight months of imprisonment for a quasi-indecent act by force at the Seoul Northern District Court on March 16, 2018 and completed the execution of the sentence in a female prison on November 15, 2018.

【Criminal Facts】

On March 17, 2019, from around 18:05 to 18:10 on March 17, 2019, the Defendant, in a third-story male toilet located in Gwangjin-gu Seoul Special Metropolitan City, sentenced to theft of the appearance of unspecified men, went into the above toilets, went into the screen, went through a changeer, and stolen the form of D (name, south, and age 28) in the side partitions.

Accordingly, the defendant invadeds on public use places such as toilets with a view to meeting sexual desire.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police in relation to D;

1. Records of seizure and the list of seizure;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (prior to repeated crimes and attachment of judgment related thereto);

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with labor;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Exemption of Disclosure Notice Order under the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities; the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; the Defendant’s age, occupation, risk of recidivism; the motive and method of the instant crime; the seriousness of the instant crime; the degree of disadvantage and anticipated side effects to be achieved due to such order; and

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