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(영문) 의정부지방법원 고양지원 2015.02.27 2014고단2412
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

around 22:00 on September 8, 2014, the Defendant entered the 2nd partitions of female public toilets at the third parking lot comprehensive guidance center of the 3rd parking lot located in Goyang-dong, Yongsan-gu, Yongsan-gu, 10 lakes, and intruded on public toilets with a view to satisfy his sexual desire, such as cutting off the victim C (the age of 23) who was being melted in the side partitions, and cutting off the victim C (the age of 23) under the below.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of each Act or subordinate statute of D, E, or 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 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 to consider the mental impulse suffered by the victim due to the crime of this case, and at the same time the defendant is the defendant.

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