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(영문) 대구지방법원 상주지원 2019.05.21 2019고단20
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

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

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

Reasons

Punishment of the crime

No person shall intrude into any public use place, such as a toilet, bath, etc., used by many and unspecified persons for the purpose of meeting his/her sexual desire.

Nevertheless, around 08:30 on September 19, 2018, the Defendant: (a) known that “C”, a public bath located at Mao-si B, is taking a shower for the victim D (at 61 years of age) to meet his/her sexual desire; (b) entered the said bath in his/her body with his/her body being aware of the fact that the victim D (at 61 years of age) was taking a shower for the victim’s sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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

1. Selection of an alternative fine for punishment;

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. According to the proviso of Article 42(1) of the Criminal Procedure Act on Special Cases concerning the Punishment, etc. of Sexual Crimes without any duty to register and submit personal information under Article 334(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, where a person subject to registration of personal information is sentenced to a fine for a crime under Article 13 of the Act on the Punishment, etc. of Sexual Crimes, he/she

In full view of the Defendant’s age, occupation, family environment, social relationship, criminal record and risk of recidivism, motive for committing the instant crime, method and result of the instant crime, disclosure order, notification order and employment restriction order, the degree and anticipated side effects of the Defendant’s disadvantage and anticipated side effects, the prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the personal information is disclosed and announced or children and juveniles.

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