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(영문) 서울동부지방법원 2015.04.10 2014고단3211

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 8, 2014, at around 22:40, the Defendant entered the third floor of the D Building in Gwangjin-gu Seoul Special Metropolitan City to the second column of women's toilets, and that women entered the first column of women's toilets in order to see the side.

Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (on-site verification), investigation reports ( telephone conversations of reporters);

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 and Selection of Fines;

1. Articles 70 (1) 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. Although the defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order had been issued by the Seoul Western District Court on June 29, 2007 a summary order of KRW 1.5 million for the crime of intrusion on a structure and the public performance and obscenity, the nature of the crime in this case is not easy in light of the fact that he again committed the crime in this case.

However, the punishment shall be determined in consideration of all the conditions of sentencing, such as the defendant's age, occupation, character and conduct, and circumstances before and after the crime, that the defendant is expected not to repeat again, that the parent of the defendant would actively endeavor to prevent the recidivism through mental and medical treatment, that the victim does not want the punishment of the defendant, that the victim does not want to do so, and that other conditions of sentencing are considered.

Where a conviction of a defendant against a crime subject to registration becomes final and conclusive with respect to a sex offense subject to registration, the defendant is 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 relevant agency

An order of disclosure or notification shall be waived.