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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2014.07.24 2014노1276
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (2 million won of fine, 40 hours of completion of sexual assault treatment programs, and 40 hours of notification of obligation to register personal information) is too unreasonable.

However, there are circumstances favorable to the defendant, such as the fact that the defendant's mistake is recognized and reflected, and that it is the first offender.

However, the crime of this case was committed by the Defendant in the first column of female toilets and waiting for three minutes in the first column of female toilets, and the victim D (the 19th age) d (the victim) d (the 19th age) d's second column d', theft of the bridges, and then intrudes on the public toilets for the purpose of meeting the sexual desire by cutting off the bridges, which is not limited to intrusion on the public toilets, but up to cutting off the urines, so the crime is not good, and thus, it is not good that the crime is committed, and if the court imposes a fine on the person who committed sexual crimes, it is necessary to issue an order to attend a course or order to complete a program (Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes). Considering the similar case's sentencing precedents and all other circumstances, it cannot be said that the court below imposed a fine of 2 million won on the Defendant and issued an order to complete a sexual assault program more than 40 hours.

On the other hand, the obligation to register personal information under the above law naturally arises when it satisfies the requirements prescribed in the above law, not a judgment of the court, but a sentence of punishment, and the court only plays a role of informing the registered person of the obligation to register personal information in advance pursuant to Article 42 (2) of the above law.

Therefore, the judgment of the court below on the "registration of personal information" in the reasoning of the judgment is stated as "where the judgment of the court below becomes final and conclusive, the defendant is obligated to submit personal information."

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