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(영문) 인천지방법원 부천지원 2016.02.03 2015고단3432

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

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

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

Reasons

Punishment of the crime

On November 14, 2015, at around 12:47, the Defendant, at the first floor female toilets of Kimpo-si, Kimpo-si, Kimpo-si, 199, thought that many women are able to see the way to view it, among women's toilets, and entered the strings of the above women's toilets, and opened the strings on the changeer, and opened the strings on the side of the strings with a width, and 41 years old.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written statements to the Acts and subordinate statutes;

1. Article 12 of the Act on the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

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 fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) does not reach an agreement with the victim is unfavorable.

However, there is no record that the defendant has been punished for the same crime, the fact that the defendant led to the confession of the crime of this case and shows his misunderstanding, and the circumstances of Article 51 of the Criminal Act are considered, and the punishment as the order shall be determined.

When a conviction on a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the judgment which is a sex offense subject to the registration 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 the defendant is obligated to submit personal information to the head of the competent police office pursuant to Article 4

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage, and the registration that can be achieved due to such order.