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(영문) 전주지방법원 2013.11.05 2013고단2090
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Criminal facts

On August 28, 2013, at around 01:14, the Defendant intruded into the above public toilets with a view to satisfying his sexual desire, such as reporting that female D entered the public partic toilet located in Mapo-gu B, Seojin-gu, Seoul, and stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of each investigation report and evidential materials attached thereto to Acts and subordinate statutes;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the obligation to register and submit personal information 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 is obligated to submit personal information to a competent agency pursuant

In light of the Defendant’s age, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree and expected side effect of the Defendant’s disadvantage due to an order to disclose or notify personal information, the prevention and effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victim, etc. in light of comprehensive consideration of the Defendant’s age, risk of repeating a crime, method and consequence of a crime, and seriousness of the crime, the order to disclose or notify the personal information, the court shall not issue an order to disclose or notify personal information to the Defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1)

It is so decided as per Disposition for the above reasons.

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