beta
(영문) 부산지방법원 서부지원 2017.06.13 2017고단152

성폭력범죄의처벌등에관한특례법위반(비밀준수등)등

Text

A defendant shall be punished by imprisonment for one year.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[criminal history] On December 17, 2015, the Defendant was sentenced to ten months of imprisonment by the Busan District Court for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Infringement of Public Places for Sexual Purposes) and completed the execution of the sentence on October 16, 2016, and is a person subject to registration of personal information resulting from the foregoing criminal history.

[Criminal facts]

1. On March 31, 2017, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), entered the first transformation column inside the public toilet for women in the DNA subway station located in the north-gu Busan in order to satisfy his/her own sexual desire on March 31, 2017, and opened the door in the blus of the victim E (e.g., 22 years of age) who reported a blusium from the side partitions of the face being pushed off.

Accordingly, the Defendant intruded on public toilets for women, which are public toilets, for the purpose of meeting their sexual desire.

2. Where any personal information is changed as a person subject to registration of personal information, the defendant shall submit the reason and details of such change to a police station having jurisdiction over his/her domicile within 20 days.

Nevertheless, the Defendant submitted to the Busan Northern Police Station on November 20, 2016 the basic personal information that he/she works in G located in the Busan Northern Police Station, and did not submit the changed information to the Busan Northern Police Station until February 2017, 2017, which is within 20 days from the deadline for submitting changed information without justifiable grounds, even though he/she retired from the above G on January 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and E;

1. Investigation report (as to toilets where victims and suspects entered, and as to attachment of the table for handling cases 112);

1. A criminal investigation report (in relation to attachment of a written change of personal information, and attachment of photographs to a suspect's detailed inquiry about the person subject to personal information);

1. A previous conviction: A written inquiry, such as criminal history, shall be made;