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(영문) 부산지방법원 2015.12.17 2015고단6240
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On April 9, 2014, the Defendant was sentenced to six months from the Busan District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and completed the execution of the sentence in the Jinju Prison on February 21, 2015.

On September 10, 2015, the Defendant invadedd women's toilets located in the Busan Northern Station B located in the Seoul Northern Station into the partitions and stolen the form of the victim D (W, 23 years old) who reported allebals in the side partitions, with the aim of meeting his own sexual desire around 20:58.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation (a photograph of the scene of crime);

1. Previous convictions: To refer to inquiries about crimes and investigation records, to investigation reports (Attachment to written judgments), and to the application of Acts and subordinate statutes on personal identification and confinement status;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Where a judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and 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 such order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall be issued to the Defendant, given that there are special circumstances that may not be disclosed or notified of personal information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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