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(영문) 수원지방법원 2016.08.04 2016고단2765
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 places, such as public toilets, or receive a request for eviction from the same place for the purpose of meeting his/her sexual desire, or refuse to comply therewith.

Nevertheless, around March 2, 2016, the Defendant: (a) around 22:30 on March 2, 2016, the victim E (the age of 33) entered the 1st female toilet located in the D shop located in Osan-si C into the above female toilet; and (b) entered the victim with a view to meeting his own sexual desire, such as complying with the appearance that the victim sees the urine, etc.

Accordingly, the Defendant infringed on public toilets, which are public places, for the purpose of meeting his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. In light of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the nature of the crime in this case is inferior, and the fact that the defendant did not agree with the victim until now is unfavorable to the defendant.

However, it is ordered as ordered by comprehensively considering the defendant's age, sexual conduct, etc. and all the sentencing conditions shown in the records and arguments, such as the defendant's age, sexual conduct, etc.

Where a conviction on a criminal fact in the judgment that is a sex offense subject to registration and submission 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 the competent agency pursuant to Article 43

The defendant is exempted from an order to disclose or notify personal information.

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