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(영문) 수원지방법원 평택지원 2015.02.12 2014고단2043
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:25 on October 28, 2014, the Defendant was driving a Fstyna car on the front of the “E” 'E in Pyeongtaek-si D’ on the front of the said main point, and discovered the rear habits of the victim G (n, 32 years old) moving to use public toilets at the said main point, and parked the said vehicle at the said road, and then invaded the victim into the said toilet floor according to the victim, thereby satisfying his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A H statement;

1. Application of Acts and subordinate statutes to photograph the place of crime and report on investigation (STV image content verification);

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to the registration of personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Probation and Order to Attend, the accused falls under 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 thus, is obligated to submit personal information

In light of the defendant's age, occupation, criminal records, risk of repeating a crime, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree and expected side effects of infringement of the defendant's personality rights, the preventive effects and effects of sexual crimes subject to registration which can be achieved due to such order, the effect of protection of the victim, supplement of disclosure order or notification order as the exercise of governmental authority, etc., the personal information shall not be disclosed.

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