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(영문) 청주지방법원 2016.05.12 2016고단258
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, from around 02:35 on September 2, 2015 to around 03:05 on the same day, set soup “C” in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, was set up through the underground entrance door to a female bath, and the Defendant, an employee of the victim D(the age of 56), who was engaged in the soup panty sty string of the said panty throde, was set up.

Accordingly, the defendant invadedd a female bath for the purpose of meeting sexual desire, and commits an indecent act against the victim in a concentrated place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Copies of police statements made to D and E;

1. Application of Acts and subordinate statutes to the investigation report (CCTV extraction and analysis);

1. Relevant Articles 11 and 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the contents and result of the crime, circumstances after the crime, circumstances after the crime, contingent crimes after the crime, agreement with the victim, early crime, and serious reflectivity, etc., the sentence identical to the order shall be determined by comprehensively taking into account all the conditions of sentencing specified in the arguments in the instant case.

When a conviction on a crime in the judgment that is a sex offense subject to the registration of personal information becomes final and conclusive, the defendant becomes a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obliged to submit personal information to the competent agency as prescribed in Article 43

The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree of disadvantage to the defendant due to the disclosure order or notification order, and the expected side effects.

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