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(영문) 의정부지방법원 2014.12.09 2014고단3027
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 8, 2014, around 21:55, the Defendant intruded into public toilets for the purpose of meeting sexual desire, in order to see women’s appearance, which is viewed as a meltion in the first floor of C Building at Yangju City.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of statutes on site photographs;

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

1. Articles 70 (1) 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 reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order was not good in light of the Act on the Punishment, etc. of Sexual Crimes committed in the instant case. However, the Defendant selected a fine by taking into account the following circumstances: (a) the Defendant led to confession and reflect on the instant crime; and (b) the Defendant is the primary offender

In addition, in full view of various circumstances, such as the age, character and conduct of the defendant, the details and motive leading to the crime of this case, and the circumstances before and after the crime of this case, the sentencing conditions as shown in the records and arguments shall be sentenced as the disposition.

Where a judgment of conviction against a defendant on a crime subject to registration of personal information becomes final and conclusive, 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 relevant agencies pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process, 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, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victim, etc., the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes shall be comprehensively considered.

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