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(영문) 창원지방법원 2019.10.02 2019고단2018
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

1. Around May 2019, the Defendant committed the crime committed in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Entry of Multitude Space) - On the early May 2019, the Defendant: (a) entered a female toilet on the third floor of the above building in order to steals the appearance of women, etc. in Changwon-si B building, which is viewed as melting a melt, and stolen the victim C (M, 16 years old) with the first common common common common common common common common common common common common common common common common common common common common common common common common in the second common common common common common common common common common common common common

Accordingly, the Defendant infringed on the public use area used by many unspecified persons for the purpose of meeting his sexual desire.

2. From June 2, 2019, the Defendant committed the crime around June 2, 2019, the Defendant entered the above B building into a female toilet on the third floor of the above building in order to steals the appearance, etc. that women see, etc. from the above building, and stolen the victim D (W, 16 years old) who is in the third common common common common common common common common common common common common common common common common common common common common common common common common in the second common common common common common common common common common common common common common common common common common common common common common common common in the above building.

Accordingly, the Defendant infringed on the public use area used by many unspecified persons for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E, C, F, and D;

1. Application of statutes on site photographs;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;

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

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. In full view of the Defendant’s age, type of crime, process of crime, criminal records, social benefits expected by an employment restriction order, the preventive effect of sexual crimes, the disadvantage and anticipated side effects of the Defendant, etc., the child and juvenile-related institutions, etc. are subject to exemption from the employment restriction order under Article 334(1) of the Criminal Procedure Act.

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