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(영문) 대전지방법원 2014.06.25 2014고단646
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On December 8, 2013, at around 00:30 on December 8, 2013, the Defendant listened to the sound that the victim E (the age of 23) enters the side while melting a room for the use of a cafeteria, “D” toilet male in Seo-gu Daejeon, Seo-gu, Daejeon, and sees the victim’s face in the column for the use of the victim’s female.

Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the photographic Acts and subordinate statutes;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. Where a conviction of the accused against the criminal facts of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is finalized, the accused 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 such person is obliged to submit personal information to the head of a police office having jurisdiction over his/her domicile pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., the Defendant is against the protection of children and juveniles against sexual abuse.

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