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(영문) 부산지방법원 2017.05.17 2017고단820

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No person shall intrude into public places, such as public toilets, with intent to satisfy his/her sexual desire.

Nevertheless, on January 21, 2017, at around 11:34, the Defendant entered a female public toilet located in Busan District, Busan District, in order to satisfy his/her sexual desire by cutting off his/her face under the bottom of the partitions in front of the partitions in which the victim E (n.e., 32 years of age) was melted.

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 on investigation reporting;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution ( considered the fact that it reflects the depth of the crime);

1. Where a conviction on a sex crime subject to registration becomes final and conclusive under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by a person attending a course of education on the grounds that 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 that the defendant is obligated to submit personal information to a related agency pursuant to

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the prevention of sexual assault crimes that may be achieved therefrom, and the effect of protecting the victims thereof, there are special circumstances in which the disclosure of personal information may not be notified pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, an order to disclose or notify the defendant.