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(영문) 제주지방법원 2019.07.24 2019고단133
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 5, 2018, around 02:54, the Defendant entered the second column of CPC female toilets in Jeju City B, and infringed on a public toilet with a view to meeting his sexual desire by cutting off the appearance in which the victim D (name, name, and appearance) reported melting in its side partitions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of related 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 (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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, occupation, risk of recidivism; the type and motive of the sex offense in this case; the type of the offense in this case; the process of the offense; the degree of disadvantage and anticipated side effects of the defendant's entry due to the order to disclose or notify information; and the preventive effects of the sex offense subject to registration that may be achieved due to such order; etc.

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Where a conviction on a sex crime subject to registration becomes final and conclusive under Article 334(1) of the Criminal Procedure Act, which is a sex crime subject to registration, the defendant shall obtain personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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