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(영문) 서울중앙지방법원 2015.10.30 2015고단5255
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
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 May 15, 2015, from around 23:00 to 23:59 of the same day, the Defendant intruded into public places with a view to satisfy the Defendant’s sexual desire, seeking to steals women who are viewed as melting urine through partitions in women’s toilets located in Gangnam-gu Seoul Metropolitan Government D.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to E, F and G;

1. Relevant legal provisions concerning facts constituting an offense, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of a fine (in consideration of the fact that the accused has no criminal record for the same kind of offense, and reflect

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 crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, 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 the competent agency pursuant

In full view of the Defendant’s age, occupation, risk of recidivism, motive, method of crime, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victim, etc., the Defendant shall not 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, on the ground that there are special circumstances in which the disclosure or notification of personal information shall not be ordered.

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