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(영문) 창원지방법원 2015.08.20 2015고단950
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On October 21, 2014, the Defendant was sentenced by the Changwon District Court to six months of imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and two years of suspended execution, and the judgment becomes final and conclusive on October 29, 2014, and is currently in the grace period.

1. On December 6, 2014, at around 05:00, the Defendant came to the second floor of the "F" singing toilet located in Seongbuk-gu, Changwon-si, Sungwon-si, and then stolen the appearance of an unspecified woman who wants to steal the appearance of the said female toilet, citing the mind that he/she would be able to capture it into the said female toilet, thereby hiding it in the partitions. In addition, the Defendant saw the sound that she sees women’s galle and galles, she sees the sound that she galles and galles, and then stolen the shape that she g (the age of 30) sees the alle.

2. On December 22, 2014, at around 12:49, the Defendant: (a) 10 female toilets on the 10th floor of the Sungwon-si, Changwon-si, Sungwon-si; (b) following I following I in order to steals the appearance I (n, 40 years of age) viewed as a melt; (c) intruded into the above female toilet and stolen the shape I see that I would be melted by pushing ahead with the above high door.

Accordingly, the Defendant intruded on public toilets with a total of twice for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G, I, and J;

1. All on-site photographs;

1. An investigation report (the cutting of CCTV images at a place of crime).

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to attached records of the same kind of ruling);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The following circumstances were taken into account in determining the same sentence as the reasons for sentencing under Article 16(2) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order.

- Unfavorable circumstances: The fact that a person recommits a crime during the period of suspension of execution due to a same kind of crime, and twice.

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