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(영문) 제주지방법원 2018.06.11 2018고정46

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등

Text

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

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) intruded a female public toilet with an intent to satisfy his/her sexual desire, such as cutting off clothes from a park in Jeju, which is located in B, on November 18, 2017, and entering a female public toilet via several times, with a view to satisfying his/her own sexual desire, such as committing the act of taking the clothes.

2. On November 18, 2017, the Defendant of a public performance obscenity: (a) 02:45 to 02:58, in the same place; (b) she laid off his/her clothes; and (c) laid off his/her clothes; (d) her male toilets and female toilets in his/her body; and (e) continued her panty back his/her panty, and went back to his/her panty book to C’s obscenity.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on occurrence;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the investigation report (verification of CCTVs);

1. Article 245 of the Criminal Act applicable to the crime, Article 245 of the same Act, and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion into public places for sexual purposes);

1. Article 40 or 50 of the Commercial Concurrent Crimes Act (Act of putting out of clothes and departing from public toilets);

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction of a sex offense subject to registration becomes final and conclusive with respect to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 obliged to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

In full view of the statutory penalty, nature of the instant crime, the circumstances leading to the aggravation of concurrent crimes, etc., there are circumstances to determine the period of personal information registration more short than that according to the sentence pursuant to Article 45(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.