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(영문) 의정부지방법원 고양지원 2016.01.29 2015고단3185

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 18, 2015, the Defendant, at around 22:40 on September 18, 2015, hidden in the 1st floor female toilets of C Building with a view to meeting his own sexual desire, infringed on public toilets for sexual purposes, such as the victim D (n, 39 years of age, E (n, 22 years of age) and the cryping of the cryp to the cryp, and the cryp to the cryp to the cryp to the cryp to the cryp to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared D and E;

1. Application of Acts and subordinate statutes to investigation reports (as regards women's toilets at criminal scene);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

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

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

1. Where a judgment of conviction against a defendant on a sex crime subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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.

Article 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not disclose personal information in full consideration of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s suffering due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc.

Therefore, the defendant is judged.