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(영문) 의정부지방법원 2016.09.12 2016고단2257

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

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

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

Reasons

Punishment of the crime

On May 6, 2016, the Defendant, among women C female toilets in Gyeonggi-gun B, went off in the partitions, and then stolen the form of the victim D (the age of 18) who was melting in the side partitions.

Accordingly, the defendant invadeds on public toilets C with a view to satisfying sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each written statement A and D;

1. Application of statutes on site photographs;

1. Article 12 and Article 16 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

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

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

1. 이수명령 성폭력범죄의 처벌 등에 관한 특례법 제 16조 제 2 항 양형의 이유 이 사건 범행은 그 자체로 죄질이 나쁠 뿐만 아니라 다른 범죄로 이어질 수 있는 위험성도 내포하고 있다는 점에서 심각하게 다루어 져야 한다.

However, in consideration of the fact that the defendant has no criminal history, he/she shall be punished by a fine only once.

In addition, the sentencing conditions that are disadvantageous to the defendant, such as the age, sex, and circumstances after the crime, shall be considered, and the punishment shall be determined as per the order.

Where a conviction against a defendant who has registered personal information becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to 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 competent agency pursuant to Article 43 of the same Act

The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the disadvantage of the defendant due to the disclosure order or notification order of personal information, the preventive effect and effect of the sexual crime subject to registration which can be achieved due to such order, and the protection effect of the victim.