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(영문) 수원지방법원 안산지원 2016.08.19 2016고단2710
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

around 01:55 on April 19, 2016, the Defendant intruded into public toilets ( female toilets) on the second floor of luminous B and building 2, with a view to meeting his own sexual desire, and booming down the string of the space where the victim C (W, 37 years old) was considered to be melting down due to the gap below the partitions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes in writing C;

1. Relevant legal provisions concerning criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, and the selection of fines (in cases where no damage has yet to be recovered even though the defendant has been led to confession and reflect, and in cases where the defendant has no past record of punishment except for one time before the punishment of this species)

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47 or 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure or Notification of Personal Information, the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (which shall not disclose or notify personal information, in consideration of the absence of such previous provisions, family relations, the outlines, etc.);

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 the competent agency pursuant to Article 43 of the same Act.

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