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(영문) 대구지방법원 2017.08.08 2017고단2861
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On August 29, 2015, at around 14:00, the Defendant intruded into a female toilet, a public toilet located in Daegu Northern-gu B, Daegu Northern-gu, 2015, and entered the victim D (n, 27 years of age) in this side column, followed by a brupt changeer, and opened the head in the side column.

2. On March 9, 2017, around 16:50 around 16:50, the Defendant intruded into a female toilet as described in paragraph (1) and excavated approximately 1 cm joints below the cremation site so that subsequent partitions can be seen. The Defendant changed the balle by entering the victim E (n.e., 23 years of age) and balines above this side.

Accordingly, the Defendant infringed on public toilets for the purpose of fulfilling sexual desire twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to report internal investigation (the attachment of CCTV images and photographs to the suspected victim's moving routes), internal investigation report (the attachment of photographs inside and outside female toilets), investigation report (the attachment of CCTV images to the suspect moving route prior to the intrusion into female toilets), investigation report (the attachment of conversation with the victim D in 2015), investigation report (the attachment of conversation with the victim D in the case of 2015), and investigation report (the confirmation of public toilets in

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

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

1. Article 62 (1) of the Criminal Act (i.e., the first offender and reflective points) of the suspended execution;

1. Where a judgment becomes final and conclusive on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused shall be a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused shall be obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 4

The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall apply to crimes subject to disclosure order or exemption from notification order, the history of punishment, etc.

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