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(영문) 부산지방법원 동부지원 2016.08.10 2016고단927

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

Around April 8, 2016, the Defendant had weak ability to discern things or make decisions due to intellectual disability, on the part of the Defendant, and around 12:30 on April 8, 2016, the second female toilets located in Busan-gun C, Busan-gun, with a string column that women want not to be able to be able to be able to able to able to able to see the appearance of women on the second female toilets located in the Busan-gun, Busan-gun, and the victim D (M, 34), hearing sound entering the first common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common common

Accordingly, the Defendant infringed on public places, such as public toilets, with a view to meeting his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to on-site photographs and investigation reports (the defendant's attitude to state his/her opinion, report on the contents of currency with her husband);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

1. Articles 10 (2) and 10 (1) and 55 (1) 6 of the Criminal Act (person with mental or physical weakness) of the Criminal Act mitigated by law;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the defendant is not subject to order to complete program, since he/she is physically and mentally weak due to a intellectual disability, tidal illness, etc.

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children’s Sex Offenses (the fact that the defendant has no record of being punished for a sex offense, and the registration of personal information alone seems to have the effect of preventing recidivism to a certain extent, and the defendant’s age, family relationship, background and process of the instant crime, the benefits and preventive effects expected by the disclosure order and notification order of this case, and disadvantages and disadvantages therefrom.