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(영문) 대구지방법원 포항지원 2016.04.21 2016고단35
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 27, 2015, around 15:14, the Defendant: (a) 15:14, in front of D public toilets located in Northern-gu C at the port, left the E, followed by a female toilet; (b) 15:5,00, in front of D public toilets located in North-gu, North Korea; and (c) 2:5,000, in front of D public toilets, 200, 2000, 2000, and 3:00,000, and 3:00,000,

Accordingly, the defendant invadeds on public toilets to satisfy his sexual desire.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on the scene of damage and internal photographs of public toilets;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Where a judgment of conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, taking into account various factors of sentencing indicated in the record, such as Defendant’s age, sexual conduct, environment, and circumstance before and after committing the crime, etc., the Defendant becomes 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 the Defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act, since he/she is a person subject to registration of personal information under Article 42(1) of the same Act, inasmuch as he/she is a person subject to registration of sexual crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Personal information disclosure order or notification order is due to the defendant's age, occupation, risk of recidivism, details and motive of the crime, method and consequence of the crime, seriousness of the crime, and disclosure order or notification order.

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