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(영문) 인천지방법원 2015.08.13 2015고단3451

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 May 13, 2015, at around 07:40 on May 13, 2015, the Defendant entered the above toilet with a view to photographing women's crypium in Yeonsu-gu Incheon.

Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 12 of the relevant Act on Criminal Crimes and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is 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 a competent agency pursuant

However, in light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, prevention and effect of a sexual crime subject to registration that may be achieved therefrom, protection effect of the victim, etc., the disclosure order or notification order shall not be issued to the Defendant, given that there are special circumstances where the disclosure of personal information may not be disclosed or notified.