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(영문) 서울남부지방법원 2020.06.26 2020고단1624
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 16, 2019, at around 20:30 on December 20, 2019, the Defendant entered the second female toilets of Yeongdeungpo-gu Seoul Metropolitan Government B building, and used obscene images using cell phones.

Accordingly, the defendant intrudes on women's toilets, which are public use places, for the purpose of meeting his own or another person's sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Records of seizure and the list of seizure;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to report internal investigation (verification of CCTV at the site of accident);

1. Relevant legal provisions concerning facts constituting an offense and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 17264, May 19, 2020) concerning the selection of punishment for a sexual crime;

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. It is determined that there are special circumstances not to disclose or notify the personal information of the accused to the public or to limit the employment of the disabled persons in consideration of the side effects and expected side effects of the accused's entry, the prevention of sexual crimes to be registered, the protection of the victims of employment, etc. due to an order of disclosure, notification, notification and employment restriction under Articles 47(1) and 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 former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) proviso to Article 59-3(1) of the Welfare of Disabled Persons Act (the accused's age, occupation, risk, method, method, disclosure, disclosure order, and employment restriction order).

1. The Criminal Procedure Act;

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