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(영문) 전주지방법원 2016.02.01 2015고단2144
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On November 9, 2015, the Defendant, at around 11:26, 2015, stolen the body or clothes of a woman, who was off from the E insignia center located in D5 stories in the Jeonsan-gu, Jeonju-si, and invaded into a woman escape room installed therein so as to satisfy his sexual desire, but was aware that there was no woman.

Since then on the same day, the Defendant re-entered in the above E Fitrate Women's Bagn Center at around 11:31, and completed shower, and changed the body of the Victim F (V, 42 years of age).

Accordingly, the Defendant intruded into a public room of women who are public places with a view to meeting his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Each internal investigation report, investigation report, and the application of Acts and subordinate statutes attached thereto;

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

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day) to attract a workhouse;

1. Article 59 (1) of the Criminal Act of the suspended sentence;

1. Where a conviction against a defendant is finalized on the facts constituting a sex offense subject to the registration of personal information, 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 to the competent agency pursuant to Article 43 of the same Act.

1. In light of the Defendant’s age, occupation, risk of recidivism, motive for and method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., there are special circumstances in which personal information may not be disclosed or notified.

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