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(영문) 서울남부지방법원 2019.03.29 2018고단5928
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
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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 28, 2018, at around 23:25, the Defendant invadedd a woman who sees a meltine in the partitions among women's toilets of the second underground floor of Yeongdeungpo-gu Seoul Metropolitan Government, and stolen the form of the victim C (In this case, 44 years old) who viewed a melting base in the next partitions under the partitions.

Accordingly, the defendant intruded on women's toilets, which are public use places, to achieve sexual goals.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. C’s written statement;

1. Each report on investigation;

1. Application of each statute on photographs;

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. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 15452), Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

1. In light of the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, disclosure order or notification order under Article 334(1) of the Criminal Procedure Act, there is a special circumstance in which the disclosure of personal information may not be disclosed or notified, given that the Defendant’s personal information may not be disclosed, in full view of the Defendant’s age, occupation, risk of recidivism, type of the instant crime, anticipated side effects and expected side effects of the Defendant’s entrance, prevention of a sex crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc. As such, an order to disclose or notify the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso to Article 49(1)

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