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(영문) 인천지방법원 2017.09.27 2017고단2363
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A, on December 16, 2016, around 20:40 on December 16, 2016, entered the change column for women's toilets located in Yeonsu-gu Incheon Metropolitan City D D's 7th floor of women's toilets for the purpose of meeting his sexual objectives, such as viewing victims C (at 15 years of age) who look at the toilets.

Accordingly, the Defendant infringed on toilets, which are public places, for sexual purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Photographss of CCTV images, such as the site photographs of the case;

1. Application of Acts and subordinate statutes requesting cooperation with each investigation;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration and submission of personal information under 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 under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act

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 be sentenced to an order to disclose personal information registered to a defendant pursuant to the following, taking into account the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, the effect of preventing sexual crimes that may be achieved through an order to disclose information, disadvantage the defendant's injury, etc.

The reason for sentencing is that the crime of this case was committed by female students by reporting that female students enter the toilet, and that it is not good that the crime of this case is attempted to steals the face to melt the public toilet for women.

However, the fact that the defendant recognizes the crime and reflects it, and re-offending.

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