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(영문) 서울남부지방법원 2020.04.24 2020고단721

성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On December 20, 2019, at around 21:50 on December 20, 2019, the Defendant came to a female toilet of the second floor of Geumcheon-gu Seoul building B, Geumcheon-gu, Seoul, with a view to meeting his own sexual desire, stolen the appearance of the victim C (one name, other, and 42 years old) who reported melting in the side partitions.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C (alias) and D;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to investigation reports (field inspection, CCTV investigation, witness investigation);

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 elective Punishment;

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

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, Notification Orders, and Employment Restriction Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1) of the Act on the Protection of Persons with Disabilities, the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (in light of the Defendant’s age, occupation, risk of recidivism, motive of the instant crime, method of the crime, disclosure order, notification order, employment restriction order, the degree and anticipated side effects of the Defendant’s disadvantage caused by such order, the prevention of sexual crimes that may be achieved therefrom, and the protection effect of the victims thereof, it is deemed that there are special circumstances where the disclosure and notification of

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