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(영문) 인천지방법원 2017.09.06 2016고단9017
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for six 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 August 9, 2016, the Defendant entered a female public toilet with D1st floor located in Jung-gu Incheon Metropolitan City, Jung-gu around 19:50 on August 9, 2016, in order to keep the appearance of unspecified women, and entered the studs of the above female public toilet.

Accordingly, the defendant invadeds on public toilets to satisfy sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Other closure photographs;

1. Application of the statutes requesting cooperation in investigation;

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

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

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act

Article 47(1) and Article 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, etc. of Children and Juveniles against Sexual Abuse shall not be sentenced to an order to disclose personal information registered to a defendant pursuant to the following, taking into account the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, the effect of preventing sexual crimes that may be achieved through an order to disclose information, disadvantage the defendant's injury, etc.

The reason for sentencing is not good for the crime of this case, and the defendant committed the crime of this case even though he was punished several times due to the sexual crime, and committed the crime of this case in bad faith by failing at will on the sentencing date.

Therefore, the defendant is sentenced to imprisonment.

(b).

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