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(영문) 서울동부지방법원 2016.11.24 2016고단3076
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On August 7, 2016, from around 18:30 to around 18:40, the Defendant entered the 2nd column of the D Station 2 female toilets located in Guro-gu Seoul, Guro-gu, with a view to satisfying his/her sexual desire, and invaded on public toilets with a view to satisfying approximately 10 minutes of the 10 minutes of the 10th female toilet.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement;

1. Scenic photographs of the crime scene;

1. Application of investigation reports (verification of CCTV images in the database), CCTV images, and Acts and subordinate statutes related to CCTV images;

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 elective Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Where a conviction becomes final and conclusive on the facts stated in the judgment that constitutes a sex offense subject to registration, 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 Criminal Procedure Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to the occurrence of the crime subject to registration, the preventive effect and effect of the sexual crime subject to registration, the effect of protecting the victims, etc., the disclosure order or notification order of personal information shall not be issued to the Defendant, on the grounds that there are special circumstances where the disclosure or notification of personal information may not be ordered.

On November 27, 2015, the defendant with the reason for sentencing was sentenced to two years of suspension of execution on June, 2015 for committing a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Seoul East East District Court.

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