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(영문) 서울남부지방법원 2014.06.17 2014고단1393
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Around December 16, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Influence of Public Places) stolen the form of the victim C (Influence, age 19) who entered the side side side space through the hole excavated from the wall surface prior to being known on the second floor of the building in Gangseo-gu Seoul Metropolitan Government.

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

2. The Defendant, at the same time and time as the above paragraph 1 above, stolen as seen in the above paragraph 1 above, and fleded to C, during the escape of the victim E (the age of 19) who got away from the police, committed violence with the victim’s neck and shoulder by the defect that the Defendant tried to put the Defendant, and reported to the police.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C and E;

1. Application of statutes on site photographs;

1. Relevant Article on the crime, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes, Article 260 (1) of the Criminal Act, and the selection of each fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment, the Defendant invaded public toilets to satisfy his sexual desire, thereby harming the peace and apprehension of public toilets, and assaulting the victim who seeks to report the above crime. This does not mean that the nature of the crime is somewhat weak.

However, the punishment as ordered shall be determined by comprehensively taking into account the fact that the accused is breaking up his mistake and the circumstances, means, methods, results, etc. of the crime in this case.

.personal information;

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