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(영문) 서울서부지방법원 2018.06.11 2018고단1451
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

【The Defendant was sentenced to six months of imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at the Seoul Central District Court on November 9, 2017, and completed the execution of the sentence at the Seoul Detention Center on January 21, 2018.

【Criminal fact-finding on March 31, 2018, the Defendant: (a) was moving along the subway No. 1 in the direction of the downway in the Seoul Station; (b) went away from the D station located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu; and (c) went out of the D station's toilet, but was not female.

At around 07:10 on the same day, the defendant continued to enter the toilet before the female-use toilet in D, after reporting the victim E (at 54 years old), entering the toilet into the female-use toilet, entered the victim's immediately next to the use room, and then entered the victim's body as below.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Investigation report (on-site search and CCTV investigation);

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history, report on investigation (a confirmation of the period of repeated crime of the suspect and attachment of the same criminal records);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 49(1) of the Act on the Protection of Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes,

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