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(영문) 대구지방법원 서부지원 2016.03.24 2016고단22
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On December 4, 2015, at around 10:55, the Defendant: (a) cut off a female room on the first floor of the D Library 1, which is located in Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, and then intrudes into the female toilet room on the ground that it was stolen, and in order for women to see their melting sides, the Defendant stolen the inside of the above melting column below.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the F and G respective Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Selection of a fine (the confession and reflect, the fact that is a disabled person of Grade II without delay, and the fact that there is no previous conviction exceeding the fine, etc.);

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. Where the registration of personal information under Article 334(1) of the Criminal Procedure Act and the conviction of the accused against whom the obligation to file a provisional payment order is finalized, 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 the accused is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, there are special circumstances under which the disclosure of personal information may not be disclosed.

Since it is judged, it is not ordered to disclose or notify the defendant.

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