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(영문) 춘천지방법원 원주지원 2016.01.06 2015고단972
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 26, 2015, at around 00:33, the Defendant entered a toilet for men and women on the first floor of “Csing practice hall” located in “Csing practice hall” in “Csing-si B, and stolen the appearance that D, which entered the side side chill because of the difference below in the partitions, is viewed as a melting side.

Accordingly, the defendant invadeds on public toilets to satisfy his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of statutes on site photographs;

1. Article 12 (Selection of Penalty) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 70 (1) and Article 69 (2) of the Criminal Act concerning the confinement of a single workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. If the conviction of the defendant who has registered personal information of this case is finalized by taking into account the reflection of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the same kind of criminal record, the degree of damage, etc., 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 the defendant is obligated to submit personal information to relevant agencies as prescribed by Article 43 of the same

In full consideration of the age of the defendant exempted from the disclosure order or notification order, risk of repeating a crime, type, motive, process, 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, the preventive effect and effect of the sexual crime subject to registration which may be achieved, the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall not be notified.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

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