logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2021.02.03 2020고단1155
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On November 4, 2019, the Defendant: (a) around 02:06, around 02:06, at a women’s rest room C’s toilet located in Chungcheongnam-si, Chungcheongnam-si; (b) was waiting for women to enter the partitions located at the entrance of the 6th place; (c) was going to the victim D (V, 37 years old); and (d) was going to the side partitions of the Defendant, and was going to view the change of the victim.

Accordingly, the defendant invadeds on public use places, such as toilets, which are used by many and unspecified persons for the purpose of meeting his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant legal provisions on criminal facts and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) for which the choice of punishment was made (the choice of imprisonment with prison labor);

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

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

1. In comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, method and consequence of the crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage due to the order of disclosure or notification, the preventive effect of the sexual crime subject to registration that may be achieved, the effect of protecting the victim, etc., under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant’s age, occupation, risk of repeating a crime, the method and consequence of the crime, and seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage due to the order of disclosure or notification, the effect of protecting the victim, etc., there are special circumstances under which the disclosure of personal information may not be disclosed pursuant to the

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

The reasons for sentencing have been prosecuted for the same offense.

arrow