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(영문) 대전지방법원 공주지원 2018.03.23 2018고단13
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 20, 2017, at around 20:16, the Defendant came to the C Educational Information Center located in B at the official city around 20:0, and in order for female students to see the urine, steals, and feel sexual humiliation, the Defendant entered a female toilet on the first floor of the building in question, and female students went to string off for about 2 minutes, and made a clerical error.

Accordingly, the defendant invadedd his sexual desire at public places to satisfy his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on on-site photographs and CCTV recording CDs at the time of committing the suspect;

1. Article 12 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15156, Dec. 12, 2017) and the selection of a sentence of imprisonment with prison labor on the crime

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Circumstances unfavorable to the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture: The sentence of a fine for the same type of crime has been committed within a short time.

The favorable circumstances: The mistake is recognized, and is against it.

There is no history of criminal punishment other than fines.

In addition, the defendant's age, sex, environment, occupation, family relationship, motive and consequence of the crime, circumstances after the crime, etc. shall be comprehensively considered, and the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the trial process.

Where a judgment of conviction against a defendant on the facts constituting the crime of sexual assault crime subject to registration and submission of personal information becomes final and conclusive, the defendant 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 is obligated to submit personal information to a related agency pursuant to Article 43

The defendant's age, occupation, risk of recidivism, health status, type, motive, process, seriousness of the crime, disclosure order or notification order shall be the defendant's age, occupation, risk of recidivism, health status, type of the crime in this case.

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