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(영문) 부산지방법원 2016.05.25 2016고단1279
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 15, 2016, at around 23:20, the Defendant intruded into public toilets with a view to meeting the sexual desire, such as seeing the victim D (V, 30 years of age) who was on the urine side, knowing that the victim D (V, 30 years of age) was able to report the urine in the side column immediately following the day of seeing the urine of the victim, with the view to satisfy the sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on site photographs;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a person to a workhouse who has been sentenced to a selective fine (the crime reflects the fact that the person commits the crime, and the fact that the person has no previous conviction for the same kind of crime);

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

1. When the conviction of the case against the defendant who has registered personal information of Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a related agency as prescribed in Article 43 of the same Act.

In full consideration of the age of the defendant exempted from the disclosure order or notification order, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved, the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information under 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 shall not be notified.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

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