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(영문) 서울남부지방법원 2014.11.12 2014고단3739
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

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

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

Reasons

Punishment of the crime

On August 21, 2014, at around 20:40 on August 21, 2014, the Defendant intruded into a female toilet located on the first floor of the building B of the Gu, and then stolen the form in which the victim C (I, 26 years old) reported urine from the side side of the pen by pushing the face above, and then has stolen the form of the victim C (I, 26 years old).

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of victims C;

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. In light of the method and content of the crime of this case in the sentencing ground of Article 334(1) of the Criminal Procedure Act, the sentence is rendered as ordered in consideration of all the following factors: although the nature of the crime is not somewhat weak in light of the method and content of the crime of this case, its mistake is recognized, there is no record of being punished heavier than the fine, and there is no record of punishment heavier than the fine, and all the sentencing conditions, including

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex crime subject to registration and submission of personal information, 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

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, content and motive of the offense, method and seriousness of the offense, the degree of disadvantage and side effects to be borne by the Defendant due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof.

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