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(영문) 청주지방법원 2020.11.12 2020고단515
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
Text

A defendant shall be punished by imprisonment for six 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

The defendant and the victim B (n, 18 years of age, 17 years of age) are between the defendant and the victim at the C drinking House located in Seo-gu, Seo-gu, Seo-si around February 17, 2020.

At around 02:30 on February 17, 2020, the Defendant came to public toilets located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seowon-si, and brought the victim's hand to the male toilet for the purpose of committing an indecent act against the victim. However, even though the victim continued to enter his hand and her female toilets, "where she enters this place, she will come to her, she will come to her," the victim continued to have her hand and her hand infringed on female public toilets for the purpose of committing an indecent act against the victim, and then the victim's chest and her finger were her finger and her part was her part by inserting his hand.

Accordingly, the defendant invadeds on toilets, which are public use places used by unspecified majority for the purpose of meeting his sexual desire, and commits indecent acts on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of the Acts and subordinate statutes governing the toilet map prepared by the victim of the police statement concerning B;

1. Article 298 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 12 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and the choice of imprisonment with prison labor

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

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Courses;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, and place an employment restriction order, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 56(1), the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities has no record of punishment for sexual crimes, and thus sexual assault or recidivism is committed.

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