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(영문) 창원지방법원 마산지원 2014.02.12 2014고단35

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 23:50 on October 6, 2013, the Defendant, at a women’s public toilet located on the first floor in Changwon Masan City, Masiwon C, by using a cresh without any people in the surrounding area for the purpose of meeting his own sexual desire, intruded into the above public toilet, and then, during the waiting in the third column, the Defendant then stolen the physical part of the women’s body, which is considered to be melted in the front and rear column, by inserting the cresh below the rest in the toilets, in a way that the women are able to enter the public room, while waiting in the third column.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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 of a defendant against the order to register or disclose personal information under Article 48(1) of the Criminal Act 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 is obligated to submit personal information to a related agency pursuant to

However, in light of the content of the crime subject to registration, the history of punishment, and the possibility of prevention by other measures, etc., it shall not be sentenced to an order to disclose or notify personal information (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 and Juveniles against Sexual Abuse).