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(영문) 서울북부지방법원 2016.01.28 2015고단3339

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

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

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

Reasons

Punishment of the crime

On July 28, 2015, around 23:05, the Defendant: (a) reported that the Defendant entered the 1st floor female toilet of C underground in Seoul Special Metropolitan City, Nowon-gu, into the toilet, D (n, 45 years old); and (b) stated that the Defendant “I would like to do so on a optop Gab Kab Kabb, haga.”

Accordingly, the defendant invadeds on female toilets with a view to meeting his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes for which the principal offender has committed a crime and Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes for which the principal offender has committed a crime (the amount of fine shall be determined by taking into account, in particular, the positive factors of sentencing)

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. Where a judgment of conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 obligated to submit personal information to the competent agency pursuant to Article 43(1) of the same Act.

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, punishment records, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant may suffer, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., 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 of Children Juveniles against Sexual Abuse.