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(영문) 서울남부지방법원 2015.01.12 2014고단4482
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On October 21, 2014, around 14:30 on October 21, 2014, the Defendant entered the entrance through the entrance of the above toilet to see that, at the time of female toilets, which are public toilets located in the 97 tept underground floor of the Guro-gu Seoul, Guro-gu, Seoul, the public toilets, and thus, steals the roadsides of many unspecified women who use the public toilets.

Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each photograph (No. 10 No. 5 of the evidence list);

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. 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. In light of the method and content of the crime of this case in the sentencing ground of Article 334(1) of the Criminal Procedure Act, the sentence is ordered as ordered in consideration of all the factors such as the defendant’s age, character and conduct, family environment, etc., although the nature of the crime is not weak in light of the method and content of the crime of this case.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission 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 Crimes, and is obligated to submit personal information to the competent agency

When considering the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, in a comprehensive manner.

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