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(영문) 서울동부지방법원 2014.05.16 2013고단3158
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

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

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

Reasons

Punishment of the crime

On November 6, 2013, at around 01:10, the Defendant entered a female-only public toilet located in Seongdong-gu Seoul Metropolitan Government building B, and changed the shape of the victim C (Y, 24 years old) who sees the lid of the front side and the front side of the front side in the front side column.

As such, the Defendant infringed on the above public toilets with a view to satisfying the sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and D

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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The fact that the victim sought punishment against the defendant because it did not reach an agreement with the victim on the grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Ordering Program

On the other hand, the fact that the defendant is recognized as committing the crime of this case and is against the law, there is no record of criminal punishment, and the social relationship is clear is favorable to the defendant.

Here, the method and result of the instant crime, comprehensively taking into account all the conditions of sentencing, including the circumstances after the instant crime, Defendant’s age, character and conduct, family environment, etc., shall be determined as per the disposition.

When a conviction on a crime subject to registration and a sex offense subject to registration becomes final and conclusive, the defendant shall be 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 shall be obligated to submit personal information to the relevant agency, as prescribed in Article

The age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and anticipated side effects of the defendant's disadvantage due to the disclosure order or notification order, and the registration that can be achieved due to such problems.

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