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(영문) 인천지방법원 2018.05.16 2017고단9245
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a physically handicapped third degree.

On October 21, 2017, around 15:30 on October 21, 2017, the defendant entered the first floor of the Bupyeong-gu Incheon Bupyeong-gu C building and stolen the form of the victim D (V, 42 years of age) who reported melting in female toilets in the toilets.

Accordingly, the defendant invadeds on toilets used by many unspecified persons for the purpose of meeting his sexual desire.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made to D or E;

1. Application of statutes on the site photographs of the case

1. Relevant legal provisions on criminal facts and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15156, Dec. 12, 2017) for which the choice of a sentence was made (elective selection of punishment)

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

1. Article 16 (2) of the Act on the Punishment of Sexual Crimes Committed to Order and Protection of Victims Thereof;

1. Where a judgment becomes final and conclusive on the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act with respect to a provisional payment order, the accused is 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 the accused is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act

Article 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be ordered to disclose or notify the accused, in full view of the Defendant’s age, occupation, risk of recidivism, the type, motive, process, seriousness of the crime in this case, the degree of disadvantage the accused is the result of the order to disclose or notify, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, the protection of the victim, etc.

The reason for sentencing is that the defendant is an indecent act committed by force in 2009 and 2015.

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