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(영문) 인천지방법원 2017.08.23 2017고단4378
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
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 February 24, 2017, around 08:40 on February 24, 2017, the Defendant got in front of a female toilet, a public toilet located in Bupyeong-gu Incheon Metropolitan City Bupyeong-gu C, and went into the above female toilet with the mind that women are able to engage in self-defense.

Accordingly, the defendant entered public toilets to satisfy his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site photographs and editing photographs of CCTV at the site of the case;

1. Application of Acts and subordinate statutes to one copy of investigation report (verification as to whether it falls under public toilets) and one copy of output of the list of toilets for the public (open);

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The proviso to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 14412, Dec. 20, 2016) does not constitute a person subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act of the Provisional Order for Provisional Payment Order, but excludes “a person who has been sentenced to a fine for a crime under Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes” from a person subject to registration of personal information. In this case, the Defendant, who is sentenced to a fine for a crime under Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, does not constitute a person subject to registration of personal information or a person subject to an order

The reason for sentencing is that the defendant violated a female toilet under the same law and was subject to a disposition of suspension of indictment, etc., but again committed the crime of this case, so it is not good that the crime is committed.

However, the fact that the defendant is recognized as committing the crime, the fact that the defendant does not repeat the crime again, and there is no record of criminal punishment.

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