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(영문) 대구지방법원 서부지원 2016.11.17 2016고단1768
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
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

On July 5, 2016, at around 20:40 on July 20, 2016, the Defendant was in front of the female toilets of the 1st floor of the Daegu-gu C Building, and was waiting in front of the female toilets of the 1st floor of the 3rd floor through the above toilet entrance, and went into the partitions, and the victim D (V, age 25) went into the front section of the 3rd partitions, and kid the victim by leaving the front section of the 3rd column.

Accordingly, the Defendant intruded on the above female toilets, which are public places, with a view to meeting sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Act and subordinate statutes to the investigation report (Evidence No. 9);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the execution of a sentence shall be postponed in consideration of the fact that the defendant has no other criminal record, in addition to the above two-time fine, since he/she committed the crime in this case even though he/she had the record of being fined twice due to the same kind of crime, such as intrusion into women's toilets, etc.)

1. Where a conviction of the accused is finalized in relation to the facts constituting the crime in the ruling on the registration and submission of personal information under Article 16(2) and (4) 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 is obligated to submit personal information to a related

The age and occupation of the defendant exempted from the disclosure order or notification order, records of the crime, contents and motive of the crime, methods and results of the crime, the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure order or notification order, and the registration that can be achieved accordingly.

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