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(영문) 인천지방법원 2019.07.10 2018고단9490
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 3, 2018, at around 01:04, the Defendant entered a female toilet of the 1st century, Namdong-gu, Incheon, for the purpose of meeting the Defendant’s sexual desire, and then concealed in the use room, the Defendant stolen the form of the victim’s toilet by leaving the above toilets (a name, leisure, 22 years old).

Accordingly, the defendant invadeds on women's toilets, which are public use places used by many unspecified persons for the purpose of meeting their sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Although there is a difference between the names of the facts charged D (tentative name), it seems to be the same person in light of the crime place, date, method, etc. described in the written statement.

Written Statements

1. Application of the Acts and subordinate statutes as a result of CCTV recycling;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Where a judgment becomes final and conclusive on the duty to register and submit personal information pursuant to Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities, the Defendant is 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

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree of disadvantage to the Defendant’s entrance due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims of sexual crimes, the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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