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(영문) 서울중앙지방법원 2014.08.13 2014고단3265
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On May 22, 2014, around 03:10, the Defendant discovered female toilets from the first floor of Gangnam-gu Seoul building B in Gangnam-gu, Seoul, and caused a brush, and 20 minutes of female victims entered the adjacent partitions.

At around 03:30 on the same day, the Defendant used a hole in the partitions that the victim C (nive, 25 years of age) came from, and then stolen the appearance that the victim gets off and melted.

Accordingly, the Defendant intruded on the public toilets for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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. Article 70 (1) of the Criminal Act, Article 69 (2) of the Criminal Act;

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order; the fact that the defendant has been punished for a crime similar to that committed for two years prior to his/her mistake; the fact that the defendant repents and reflects his/her mistake; and the defendant's age, character and conduct, environment, motive for committing the crime; and the circumstances after committing the crime, etc.

When a conviction on a crime subject to registration becomes final and conclusive on the judgment that a sex crime subject to registration becomes final and conclusive, the accused 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 relevant agencies

The age, occupation, risk of recidivism, motive, method and 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 of personal information, the prevention of sexual crimes subject to registration and the protection of the victim.

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