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(영문) 서울중앙지방법원 2013.10.31 2013고단5583

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On September 9, 2013, at around 01:45, the Defendant intruded into 1 column of women's toilets on the 1st floor of the building in Gangnam-gu Seoul, with a view to meeting his own sexual desire, and committed an act of stealing the victim C (n, 25 years of age) in the next partitions of the Defendant intruded, using a string which the Defendant was in possession, thereby stealing the strings of the victim.

Accordingly, the Defendant infringed on public toilets, which are public places, for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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 to Article 43 of

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, order to disclose or notify personal information, the degree of disadvantage and anticipated side effects to be achieved by such order, the preventive effect and effect of a sexual crime subject to registration, and the effect of protecting the victims thereof, etc., the Defendant shall be ordered to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.