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(영문) 서울남부지방법원 2015.11.06 2015고단3415
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On August 2, 2015, around 23:20 on August 2, 2015, the Defendant: (a) stolen the victim D (the age of 35) (the age of 35) who was reported to be seen to have intruded into the above toilet for the purpose of cutting away the body of a woman from a female toilet located at C-1st underground located in Geumcheon-gu Seoul Metropolitan Government.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of field photographs 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 elective Punishment;

1. A fine of two million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e.g., Supreme Court Decision 2007Da1548, Apr. 1, 2007) provides that the disclosure order of registered information and the exemption order, occupation, risk of recidivism, content and motive of the crime, seriousness of the crime, disclosure order or notification order, degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure order or notification order, prevention effect of sexual crimes subject to registration which may be achieved therefrom, protection effect of the victim, etc. shall be considered in full view of the following factors: (a) Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (b) Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (c) Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, the defendant shall be subject to special cases on the punishment, etc. of sexual crimes.

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