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(영문) 서울서부지방법원 2015.11.04 2015고단2286
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

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

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

Reasons

Punishment of the crime

On August 1, 2015, the Defendant entered a female toilet on the first floor of Seodaemun-gu Seoul, Seodaemun-gu, Seoul in order to engage in self-defense and invaded on public toilets with a view to meeting his sexual desire.

Summary of Evidence

1. Partial statement of the defendant;

1. The Defendant’s assertion on the Defendant’s written statement in C is asserted to the effect that he was in a state of mental and physical disability due to exclution, social neism, etc. at the time of the instant crime. Thus, according to each of the above evidence, the Defendant is recognized as having received medical treatment from around August 14, 2015 due to exclution, social neism, etc., and thus, cannot be deemed to have reached a state where the Defendant lacks the ability to discern things or make decisions at the time of the instant crime, and thus, the Defendant’s assertion is rejected.

Application of Statutes

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. If a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, under Article 334(1) of the Criminal Procedure Act, 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 competent agency pursuant

The defendant's age, occupation, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, the preventive effect of the sexual crime subject to registration which can be achieved due to such order, and the effect of protecting the victim.

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