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(영문) 인천지방법원 2015.04.08 2014고단9491
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

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

When the defendant does not pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 1, 2014, at around 02:40 on November 1, 2014, the Defendant: (a) directed women in front of women’s toilets of the first floor underground floor of the Bupyeong-gu Incheon, Bupyeong-gu, Incheon, about to see the appearance of melting women; (b) entered the toilets of the toilets; and (c) went to the victim D (V, 41 years of age) on the side partitions where the Defendant was committing a change, the Defendant was able to see the victim’s tolerance.

Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

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 (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. Where a conviction of a defendant against a sexual crime subject to registration becomes final and conclusive with respect to a sex crime subject to the obligation to submit personal information 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

In full view of the Defendant’s age, occupation, risk of repeating a crime, type of a crime, motive, process of a crime, seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage to the Defendant, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., there are special circumstances that may not disclose and notify personal information pursuant to 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.

Therefore, a disclosure order or notification order is not issued to the defendant.

The reason for sentencing is that the case is after the crime that appears in the form of crime and evidence.

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