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(영문) 서울중앙지방법원 2015.04.24 2015고단821
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On February 5, 2015, at around 19:50, the Defendant intruded into public toilets with a view to meeting the Defendant’s sexual desire, such as entering the side partitions in the first floor of the Gangnam-gu Seoul Metropolitan Government C building, while the victim D (nick, 32 years of age) was entering the public toilets, and taking the urinals of the space, and cutting down the chills of the victim with the chills.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order takes into account the mental impulse that the victim received as a result of the instant crime, and at the same time, the defendant was the first offender who has no criminal record, and the defendant divided his mistake and paid five million won to the victim. The defendant's age, character and conduct, family relation, criminal records, circumstances of the instant case, and the subsequent progress shall be determined by taking into account the following conditions of the sentencing.

When a conviction on a crime subject to registration becomes final and conclusive on the judgment that a sex crime subject to registration becomes final and conclusive, 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 is obligated to submit personal information to relevant agencies

In light of the Defendant’s age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order of personal information, the prevention of sexual crimes subject to registration and the effect of protecting the victims, etc., the Act on the Punishment, etc. of Sexual Crimes shall be comprehensively considered.

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