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(영문) 의정부지방법원 고양지원 2016.05.04 2016고단400

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On December 6, 2015, around 02:00, the Defendant entered the front section of the side side side of the roadside column in which the victim C (hereinafter referred to as “C”) is being used from the female toilet of the first floor of the Gyeyang-gu building B in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul Metropolitan City. The Defendant taken the front section of the front section in the front section, and stolen the form in which the victim viewed the front section.

Accordingly, the defendant invadeds on public toilets to satisfy his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of the Acts and subordinate statutes governing photographs appended to respective internal reports;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and 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. Where a conviction on the facts constituting a sex crime subject to registration becomes final and conclusive under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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 obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act

In full consideration of the defendant's age, occupation, risk of repeating a crime, motive, method and seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which can be achieved, the effect of the protection of the victim, etc., there are special circumstances in which the personal information may not be disclosed or notified.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.