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(영문) 수원지방법원 2014.11.28 2014고단5693
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

Criminal facts

At around 22:10 on October 6, 2014, the Defendant entered the side partitions of the toilet in which C (Inn, 17 years of age) is viewed as melting a melt, and changed the appearance of the said victim by pushing the cresh face, and continued to change the appearance of D (in, 55 years of age) in the same way as D (in, 55 years of age) entered the side partitions of the toilet.

Accordingly, the Defendant intruded on public toilets, which are public places, with a view to meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and D

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. In light of the Defendant’s age, occupation, risk of repeating a crime, type of the instant crime, motive, process, seriousness of the crime, degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., the disclosure order or notification order under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order shall not be issued to the Defendant on the grounds that there are special circumstances that may not disclose and notify personal information pursuant to the proviso of Articles 49(1) and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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