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(영문) 청주지방법원 2018.10.04 2018고단500
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment with prison labor for four 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

【Criminal Records of Crimes】 The Defendant is a person who has been sentenced to imprisonment with prison labor for not less than three years and six months in the Daejeon High Court on April 6, 2009, due to a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof, etc.

【Criminal facts” around October 27, 2017, the Defendant: (a) opened in a public toilet around the C Outdoor Parking Lot, Seo-gu, Seo-gu, Seo-gu, Seo-gu, for the purpose of meeting his own sexual desire; (b) displayed that the victim D (21 tax) who reported the above male toilet’s screen under the partitions will be flad with the female reported under the partitions; and (c) placed the door of the available side column, the victim’s door from the upper side column, and said, the victim “as soon as possible, one defect” on the victim.

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. Statement made by the police against D;

1. 112 Reporting case handling table;

1. Application of the Acts and subordinate statutes to photographs of the stop, screen pictures taken by the s tophere, CCTV closure photographs, and public toilets photographs;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the choice of imprisonment or imprisonment;

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

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties relationship; (c) the risk of recidivism; (d) profits and preventive effects expected from the disclosure order and notification order of this case; and (e) disadvantages and side effects therefrom, the Defendant’s personal information is disclosed.

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