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(영문) 춘천지방법원 원주지원 2016.04.06 2015고단1088

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 23, 2015, at around 00:10, the Defendant: (a) entered the 1st floor female toilets of B building in the original city, into the toilets; (b) opened the toilets; (c) cut off the toilets; and (d) stolen the appearance of the Victim C (FL, 24 years of age) coming from the next partitions.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to arrest and report cases;

1. Article 12 of the relevant Act on Criminal Crimes and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment: Selection of fines;

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

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

1. In full view of all the circumstances such as the Defendant’s age, occupation, family environment, social ties, criminal records, and the risk of recidivism, the details and motive of the crime, the method and consequence of the crime, and seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order of this case, the prevention of sexual crimes subject to registration and the effect of protecting the victims thereof, etc., the Defendant’s personal information shall not be disclosed or notified.

[Determination]

When a conviction on a crime in the judgment that is a sex crime subject to registration and submission of personal information becomes final and conclusive, 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 is obligated to submit personal information to a related agency under Article 43