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(영문) 광주지방법원목포지원 2020.10.08 2020고단680
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment 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

At around 09:30 on May 8, 2020, the Defendant: (a) waited to view the women who look at the second column of C Hospital 1st female toilets C in Sinpo City B; (b) the victim D (V, 32 years of age) went into the third column to view the melting side, and then stolen from the above section.

Accordingly, the Defendant infringed on toilets, which are public use places, for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of the D/E, each written statement of the police of D/E;

1. Application of the Acts and subordinate statutes to photograph photographs, investigative reports (dataTV analysis content), CCTV images to report internal history, to take on-site and CCTV images, and to capture CCTV images;

1. Article 12 of the relevant Act on Criminal Crimes and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 2020) for which the choice of a sentence has been made;

1. Article 62 (1) of the Criminal Act;

1. The proviso to Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Where a conviction becomes final and conclusive for a crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is a sex offense subject to registration, on the judgment that is subject to the obligation to register and submit personal information under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information pursuant to Article 42 (1) of the same Act, and the accused is obligated to submit personal information

The personal information disclosure and notification order, the defendant's age, occupation, risk of excessive power, result, and seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the motive, method of committing the crime in this case, and the disclosure order or notification order, and the balance between the effects of sexual crimes subject to registration and the effects to protect the victim.

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