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(영문) 대구지방법원 포항지원 2016.12.15 2016고단1359

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 28, 2016, at around 00:03, the Defendant entered a female public toilet gate, a police box, adjacent to the port box B, and followed the victim D (V, 20 years of age) who had taken the cryp from the side side column, and d (V, 20 years of age) who had taken the cryp around the cryp, and went into the public place for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of Acts and subordinate statutes to reports on internal investigation (Attachment of photographs at the scene of crime; application of Acts and subordinate statutes, such as field identification and standards of separate signs for rest of toilets);

1. Relevant laws concerning criminal facts, 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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The fact that there was an agreement with the victim or a favorable circumstance in which no repayment of damage was made: The fact that the crime was immediately discovered once, and that there was no additional damage was committed; the fact that there was no criminal record and there was no record of punishment exceeding the fine; and the fact that there was no record of punishment exceeding the fine, other than the above circumstances, the registration of personal information taking into account various sentencing factors in the records, such as Defendant’s age, character and behavior, environment, and circumstances before and after the crime, and where the conviction becomes final and conclusive, the defendant is subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the defendant is obligated to submit

Personal information disclosure order or notification order is the defendant's age, occupation, risk of recidivism, details and motive of the crime, method and consequence of the crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant due to the disclosure order or notification order.