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(영문) 전주지방법원 2015.01.15 2014고단1756
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Criminal facts

On August 6, 2014, at around 16:30, the Defendant entered the second column of the female toilets in the second floor of the 443 Boan University Study Library of Maman University, and intruded on female toilets with the aim of cutting away the form of the victim C, who reported a meltion from the side square, to the cell cell cell accelerator photographer, thereby satisfying the sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A criminal investigation report and evidential materials attached thereto;

1. Application of Acts and subordinate statutes to accusation reports and field photographs;

1. Relevant legal provisions on criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, and Selection of a fine (the consideration that is favorable to the defendant, such as the fact that the defendant led to the confession of the crime in this case and reflects the wrongness, that the defendant deposited 3,00,000 won for the victim, and that the defendant was the first offender who

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 on a sex crime subject to registration becomes final and conclusive in the judgment that is a sex crime subject to registration under Article 334(1) of the Criminal Procedure Act, 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 the defendant is obligated to submit personal information to a related agency under

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the prevention of sexual crimes subject to registration and the effect of protecting the victims thereof, etc.

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