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(영문) 인천지방법원 2015.06.03 2015고단1977
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On March 7, 2015, at around 11:00, the Defendant entered the 2nd floor of the D Women's Toilets in Gyeyang-gu Incheon Metropolitan City, Incheon, with a view to satisfying his own sexual desire by entering the public toilets with approximately 30 minutes of many unspecified women who see the toilets by entering the toilets, and committing self-defense.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E;

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 person subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive in relation to a crime subject to registration of a sex crime subject to the obligation of a person subject to registration 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

However, considering the defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, degree and expected side effects of the defendant's disadvantage due to disclosure notification order, prevention and effect of sexual crime subject to registration that can be achieved therefrom, protection effect of victims, etc., no order to disclose or notify personal information is issued to the defendant pursuant to the proviso of Articles 49 (1) and 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Reasons for sentencing

1. The sentencing criteria are not set for the crimes indicated in the judgment;

2. In light of the following: (a) the attitude of the instant crime is relatively minor; (b) the Defendant recognizes and reflects the Defendant’s criminal act; (c) the Defendant has no record of sex offense; and (d) the Defendant is a recipient of the basic living security, a fine is imposed as per Disposition

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