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(영문) 대구지방법원 서부지원 2013.09.26 2013고단1008

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

Defendant shall be punished by a fine of KRW 800,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 27, 2013, at around 20:09, the Defendant, in a female toilet located on the 1st floor of the building B at Gyeongnam-si, stolen the body of the second partitions, which sees melting the sides, and satisfy the sexual desire, she listened to the sound that sees the sides by her victim C (n, 27 years of age) and she then stolen the victim who sprinked and spacked on the urine.

Accordingly, the defendant invadeds on public places to satisfy his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. If a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that the person is subject to the obligation to register personal information and submit such information under Article 334(1) of the Criminal Procedure Act, 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 the defendant is obligated to submit personal information

In light of the Defendant’s age, occupation, record of the crime, details and motive of the crime, method and consequence of the crime, disclosure order or notification order, anticipated side effects and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, prevention and effect of sexual crimes subject to registration which may be achieved therefrom, protection effect of the victim, etc., it is determined that there are special circumstances that may not be disclosed or notified of personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse. Thus, the Defendant may not