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(영문) 인천지방법원 2014.08.27 2014고단4574
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

At around 14:50 on May 10, 2014, the Defendant entered the toilet 37,00,00,000 Jung-gu, Incheon, Jung-gu Coast Guard, 33,00,000, for the purpose of meeting the sexual desire, and then hidden in the second roadside partitions. The Defendant intruded into the public toilets with a view to meeting his sexual desire, such as stealing (tentative name) who stolen the partitions in the lower cresh and then stolen it.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the police statement made to C (alias);

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 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. Where a judgment of conviction against a defendant on a sex crime subject to registration becomes final and conclusive in regard to the crime subject to the obligation to submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant 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

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect of the sex offense subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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