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(영문) 청주지방법원 2016.04.21 2015고단2045

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

Defendant shall be punished by a fine of 1.8 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 22, 2015, the Defendant entered the side partitions of the common toilets of male and female on the 1st floor of the building “D” located in Cheongju-si, Cheongju-si, U.S. on September 22, 2015, in which the victim E (W, 30 years old), was waiting to enter, and the victim was able to see to the lower part of the common partitions of the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of statutes on site photographs;

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 an alternative fine for punishment;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, and the result thereof, the court shall determine the same punishment as the order against the defendant, taking into account the following factors: (a) details of the crime; (b) circumstances after the crime; (c) circumstances after the crime; (d) the victim and the non-agreement; (e) the age, conduct, intellectual level, environment, and all other factors of sentencing as

When a conviction on a crime in the judgment that is a sex offense subject to the registration of personal information becomes final and conclusive, the defendant becomes 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 Crimes and is obliged to submit personal information to the competent agency as prescribed in Article 43

The age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved due to such order, and the protection effect of the victim.