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(영문) 서울북부지방법원 2014.07.16 2014고단1053
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal power] On October 15, 2012, the Defendant was sentenced to one year to imprisonment with prison labor for night buildings, intrusion of buildings, larceny, etc. at the Seoul East Eastern District Court on August 20, 2013, and completed the execution of the sentence at the Seoul detention center.

【Criminal Facts】

On February 16, 2014, around 19:30 on February 16, 2014, the Defendant: (a) entered the second partitions in the public toilets for women’s exclusive use on the second floor in Jung-gu Seoul Metropolitan Government; and (b) stolen the surface on which the victim D (the age of 18) reported melted in the first partitions.

Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Criminal records as indicated in the judgment: Application of criminal records, etc. and investigation reports (written judgments and investigation reports by individuals) Acts and subordinate statutes;

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(1)2 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, where the position tracking device is attached on the ground of the risk of recidivism, and the sexual crime is committed again on the ground of the risk of recidivism, and the victim does not agree with the victim, and the crime of this case is committed during the period of repeated crime, and the defendant reflects the defendant's age, character and conduct, family relation, motive, means and consequence of the crime, and all other circumstances, including the defendant's age, character and conduct, family relation, motive, means and consequence of the crime, shall be determined as ordered

The judgment is a sex offense subject to registration.

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