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(영문) 의정부지방법원 2015.02.03 2014고단3732
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 September 25, 2014, at around 22:04, the Defendant entered the second side partitions to satisfy his own sexual desire, and then followed the salvine and followed the salvine, and salved off from the upper side column to the upper side of the salvine, the victim E (n, 21 years old) considered the alvine.

Accordingly, the defendant invadeds on public toilets for sexual purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A suspect photograph taken from CCTV;

1. Application of the Acts and subordinate statutes governing suspect photographs taken on CCTVs at the scene of the investigation report;

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 Defendant’s act on the grounds of sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order is not good, but the Defendant selected the Defendant as a fine on the following grounds: (a) the Defendant committed the instant crime; (b) the Defendant did not have the same criminal power; and (c) the Defendant did not have any history of having been punished by a suspended sentence or heavier; and

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

The defendant's age, occupation, risk of recidivism, and exemption from disclosure or notification order.

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