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(영문) 의정부지방법원 고양지원 2015.02.27 2014고단2404
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

At around 01:30 on October 1, 2014, the Defendant invadedd on public toilets with a view to meeting his sexual desire, such as taking a baline in the first column of women's toilets located in the first floor of the Goyang-gu Seoul Metropolitan City C building and cutting down the baline, and cutting off the victim D(W, 21 years old), which entered the next partitions to see the balle, by cutting off the balle off to the above.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared D and E;

1. Application of Acts and subordinate statutes on the investigation report (CCTV verification);

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 and Selection of Fines;

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. Where a conviction of a defendant against a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act 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 a competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s suffering, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., in full view of the Defendant’s age, occupation, risk of repeating a crime, the type of the crime in this case, consequence, and seriousness of the crime, the disclosure order or notification order, the disclosure order or notification order shall not be issued to the Defendant, on the ground that there are special circumstances that the disclosure or notification of personal information shall not be ordered pursuant to

The reason for sentencing is the first offense with no criminal records, considering the mental impulse suffered by the victim due to the crime of this case.

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