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(영문) 수원지방법원 안산지원 2015.10.14 2015고단2495
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

On April 3, 2015, at around 21:48, the Defendant intruded into public places in order to meet his sexual objectives, such as destroying the victim E (n, 22 years of age) who was seen in the front and rear partitions of the D building 2nd floor, which was located in Gangnam-gu Seoul Metropolitan Government C, and destroying the victim E (n, 22 years of age).

Summary of Evidence

1. Part of the defendant's statement in court (the defendant and his defense counsel asserts that they are only the defendant and they do not memory. According to the records, although the defendant's drinking was recognized at the time of the crime at the time of the crime at issue, it does not seem that there was a lack of ability to discern things or make decisions, and therefore the defendant's assertion is without merit)

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant legal provisions on criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, and the selection of fines (in cases where no damage recovery has been made to the victim even though the defendant was up to his/her job, considering that the defendant generally recognized the crime and reflects his/her mistake in depth, and that the defendant has no specific penalty power except for four times (including previous and once) of fines)

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction becomes final and conclusive on a sex offense subject to registration and submission of personal information in accordance with Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempt from disclosure and notification of personal information, 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 (no disclosure and notification of personal information shall be made in consideration of family relationship, outline, etc.) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused shall be a person subject to registration of personal information pursuant to Article

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