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(영문) 서울남부지방법원 2019.09.04 2018고단4012
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 4, 2018, at around 02:00, the Defendant intruded into public toilets used by the general public, such as being off panty and panty in order to satisfy his own sexual desire by intrusion into female toilets B in Gangseo-gu Seoul Metropolitan Government through windows.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Application of the Act and subordinate statutes to a report on investigation (on-site investigation) and a report on investigation (related to a statement of a person);

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. According to the proviso of Article 42(1) of the Criminal Procedure Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, a person subject to registration of personal information shall be subject to the obligation to register and submit personal information under Article 334(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. As such, a person subject to registration of personal information is not subject to registration

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 56(1) of the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), comprehensively taking into account the following factors: (a) personal information disclosure and notification order; (b) the Defendant’s age, occupation, risk of recidivism; (c) details and motive of the crime; (d) the method and consequence of the crime; (d) the disclosure order; (e) the degree and anticipated side effect of the crime subject to registration; (e) the prevention and effect of the sexual crime subject to employment restriction order; and (e) the protection effect of the victim.

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