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(영문) 대구지방법원 2020.01.22 2018고단2567
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

On May 3, 2018, at around 16:30 on May 3, 2018, the Defendant entered a building D of the Nam-gu C University D, Daegu, Daegu, for the purpose of cutting off side partitions No. 1 column, and intruded into multiple-use places used by unspecified majority for the purpose of meeting his/her sexual desire.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Application of statutes on the details of conversation among witnesses;

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 elective Punishment;

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

1. The crime of this case on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant for the purpose of sexual purpose, shall be sentenced to the same punishment as the order of the Defendant, taking into account the following factors: (a) considering the fact that the Defendant intrudes into female toilets for the purpose of sexual purpose; (b) the liability for such crime is not minor; and (c) despite the fact that the Defendant had been punished twice for the same kind of crime, again led to the crime; and (d) considering the fact that

Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, Notification Orders, and Employment Restriction Orders, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities can be seen as having the effect of preventing re-offending even if the defendant is an order to register

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