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(영문) 대전지방법원 서산지원 2014.10.31 2014고단709

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On July 5, 2014, at around 20:55, the Defendant reported that the victim D (the victim D) entered a toilet at the first floor of the public toilet in Seosan-si building C, Seosan-si, according to the report that the victim D (the age of 38) entered the toilet, followed the victim's entry into the next partitions, and changed the victim into the toilets, and changed the boom in the adjacent partitions.

Accordingly, the Defendant intruded on public toilets, which are public places, for the purpose of meeting sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to 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 (the fact that the person has agreed with the victim, and considering the criminal record, age, occupation, etc. of the defendant);

1. Articles 70 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. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the accused 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 his/her personal information to the head of a competent police office pursuant to Article

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, the effect of the protection of the victim, etc., the special circumstances that need not disclose and notify personal information pursuant to Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.