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(영문) 수원지방법원 2015.04.23 2014고단3913
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

No person shall intrude into public toilets, etc. for the purpose of meeting his/her sexual desire.

Nevertheless, the defendant had been able to enter a female toilet in the Sejong Metropolitan Office for the purpose of stealing women who are viewed as melting in a female toilet.

On May 11, 2014, at around 12:57, the Defendant: (a) went to a female toilet opened to the public on the 1st floor of Samsung C&M-8 Sysitel, Samsungsung-si; and (b) went to the public toilets for approximately 30 minutes from the use side; and (c) infringed on the public toilets for the purpose of meeting his sexual desire, such as taking a change from the use side partitions to the string of 23 years old.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (Analysis of CCTV-recording data inside a tax-free officetel building);

1. Application of Acts and subordinate statutes to suspect photographs and field photographs;

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

1. Where a conviction of a defendant against the criminal facts stated in the judgment on the punishment, etc. of a sexual crime committed as ordered to complete a program 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 a related agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, type of crime in this case, motive, process, seriousness of crime, degree of disadvantage and anticipated side effects of the defendant's entrance due to disclosure order or notification order, prevention and effect of sex crimes subject to registration which can be achieved due to such order, protection of victims, etc.

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