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(영문) 청주지방법원 충주지원 2020.05.22 2020고단52
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 2, 2019, around 01:21, 2019, the Defendant intruded into the third female toilets of the 2nd female toilets of the building B, and followed the form of the victim C (Influent, name) who reported a change from the partitions adjacent to the width of the partition.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning D or C;

1. Application of statutes to the results of on-site photographs and CCTV video CD reproduction;

1. Relevant Articles of the Act on Criminal Crimes and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment.

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Where a criminal facts in the judgment of the court below, which stated that the provisional payment order should be registered and submitted, become final and conclusive as a conviction, 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 the head of a competent police agency pursuant to Article 4

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 issue an disclosure order or notification order to the defendant, comprehensively taking into account the defendant's age, occupation, risk of recidivism, type, motive, process of the crime in this case, the degree of disadvantage the defendant was affected by the disclosure order or notification order, the prevention of sex crimes subject to registration that may be achieved therefrom, and the protection effect of the victim, etc.

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