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(영문) 대전지방법원 천안지원 2015.11.24 2015고단1581
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant had a mind that many unspecified women want to see the sides in toilets, and had a view to intrude into public toilets on June 26, 2015, around 15:00-18:05 on July 19, 2015, around 10:0-13:30 on July 19, 2015, the Defendant invaded into public toilets, such as public toilets, for the purpose of satisfying their sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to B and C

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment. Article 12 (Selection of Punishment of Fines)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 the head of a competent police office pursuant to Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., it is determined that there are special circumstances in which personal information shall not be disclosed or notified. Thus, Articles 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 Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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