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(영문) 수원지방법원 성남지원 2015.03.06 2014고단3018
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:00 on September 17, 2014, the Defendant entered the entrance door of the above female toilet to satisfy the sexual desire, and then stolen the victim DNA (hereinafter the age of 19) who was going back to the front door, and continued to theft the above victim E (hereinafter the age of 22) who was crypted from the front side of the above female toilet, with a view to meeting the sexual desire, and then invaded the victim E (hereinafter the age of 22) who was crypted from the front side of the above side.

Accordingly, the Defendant intruded on the above female toilets, which are public places, with a view to meeting sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Application of respective Acts and subordinate statutes of D, E, and F;

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. Article 62 (1) of the Criminal Act (including the first offender, etc.);

1. Where a conviction of the accused who has registered personal information under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend, becomes final and conclusive, the accused shall be a person subject to the registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused shall be obliged to submit personal information to the head of the competent police office

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that the case constitutes a special circumstance in which personal information shall not be disclosed pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, such order shall not be sentenced.

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