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(영문) 서울동부지방법원 2015.08.21 2015고단1515
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

On March 19, 2015, around 09:23, the Defendant: (a) stolen the victim B (e.g., 31 years of age) who had entered the studio room room in Songpa-gu Seoul, Songpa-gu, Seoul, and reported the studio in the cresh below the cresh.

Accordingly, the Defendant infringed on public toilets, which are public places, for the purpose of meeting his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to photographs following a CCTV closure;

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 conviction of a defendant against a sex offense subject to registration becomes final and conclusive with respect to the judgment that constitutes a sex offense subject to registration 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 to a related agency pursuant

In light of the Defendant’s age, occupation, risk of recidivism, content and motive of the offense, method and seriousness of the offense, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances where the disclosure of personal information may not be disclosed or notified.

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