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(영문) 수원지방법원 안산지원 2014.04.09 2014고단25

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

On April 29, 2011, the Defendant was sentenced to a suspended sentence of three years on May 7, 201, for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) in the Suwon District Court’s Ansan Branch on April 29, 201, and the said judgment becomes final and conclusive and is currently in the grace period.

At around 23:20 on September 8, 2013, the Defendant: (a) performed drinking in a “D” restaurant located in Sinung-si, Sinung-si; and (b) reported the urine with male toilets of the above building, the Defendant: (c) indicated that the victim E (V, 46 years of age) was a female toilet of the above building; and (d) indicated that the victim was “D” employee of the above building; (c) followed the victim into the female toilet, and followed the victim to drive away; (d) followed the victim into the female toilet, followed the victim to check the urine partitions that the victim was able to see the urine; and (d) followed the victim’s body, who was able to sit in the urine by cutting down the urine and pushed the flab by cutting off the urine, and then dried the victim’s body.

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 E-document;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on criminal records, disposal fine records, and confirmation;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

1. The reason for sentencing is that the Defendant, who is a male, has driven away from the victim, is not subject to the provision of Articles 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure and Notification of Personal Information, 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 (which does not disclose and notify the personal information in consideration of family relationship