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(영문) 수원지방법원 성남지원 2015.03.06 2014고단3212
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 December 20, 2014, at around 03:15, the Defendant reported a studio in the “D” restaurant public toilets male side column in Gwangju-si, the Defendant heard the sound in which the victim E (V, 30 years of age) entered the adjacent female side column, and opened the cell phone equipment in which the Defendant was in possession as a space below the side column in mind that the victim would photograph the studio.

Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes governing evidence photographs;

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 elective Punishment;

1. Articles 70 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 on the criminal facts indicated in the judgment against the defendant who has registered personal information under Article 334 (1) of the Criminal Procedure Act becomes final and conclusive, the defendant shall be subject to the registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and shall be obliged to submit personal information to the head of a police office having jurisdiction over his/her domicile

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that the case constitutes a special circumstance in which personal information shall not be disclosed pursuant to the proviso to Article 49(1) or the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, such order shall not be sentenced.

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