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(영문) 수원지방법원 안양지원 2014.12.19 2014고단1643

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant, around July 2013, entered the four-story female toilets located in Ansan-si, Ansan-si, for the purpose of self-defense, and intruded into the four-story female toilets with the same purpose on July 14, 2014, including around 20:50 on July 14, 2014, around 20:40 on July 28, 2014 and around 21:20 on July 29, 2014.

Accordingly, the Defendant intruded on public toilets over a total of four occasions with a view to meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes concerning field photographs and CCTV images;

1. Relevant legal provisions and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for the Crime and Selection of Fines (in consideration of the circumstances in which there is no past ability to receive criminal punishment and the mental and physical disorder even though they are seriously living);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed several times during the period of sentencing, the CCTV direction was returned to the victim, and the amount of fine should be determined in consideration of the fact that the victim was indicted for violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and that there was a record of being sentenced to dismissal by the victim, the defendant's age, health condition, etc. Where the conviction against the defendant who registered personal information of this case 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 the related agency pursuant to Article 43 of the aforesaid Act.

However, the fact that the defendant does not repeat the crime, the benefits expected by the disclosure order or notification order, and the benefits expected by such order.