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(영문) 대전지방법원 천안지원 2019.09.20 2019고단932
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 March 26, 2019, around 18:30 on March 26, 2019, the Defendant: (a) reported that the victim D (man, name, and age 27) visited the customer at the “C” store located in the 3rd floor of the Seo-gu Northern-gu building B, Seocheon-gu, Seocheon-gu, Seocheon-gu, B entered the 3th floor of the same building; (b) entered the female toilet on the 3rd floor of the same building; and (c) entered the female toilet, followed the victim into the female toilet, and then stolen the form in which the victim

As above, the Defendant invadedd the above female toilets, which are public use places, with a view to meeting the sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of the victim;

1. Application of CCTV or video CD-related Acts and subordinate statutes;

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

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

1. The grounds for sentencing under Article 16(2) through (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by the Order of Service and Order to Attending (hereinafter “Order”) are as follows: (a) the nature of the instant crime is not provided against the victim in light of the content of each of the instant crimes and the mental impulse and a sense of sexual shame that the victim experienced; (b) the Defendant did not receive any usage from the victim; (c) the Defendant committed the instant crime without being aware of the fact that he was punished by a fine due to a sex offense under similar veterinary laws around 2016; and (d) the Defendant led to the confession and rebuttal of the instant crime; and (d) the Defendant did not have any record of more criminal punishment than the fine,

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant 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 the competent agency pursuant to

Disclosure and notification order, and exemption from employment restriction order.

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