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(영문) 서울남부지방법원 2015.01.07 2014고단4296
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 6, 2014, around 10:40 on August 6, 2014, the Defendant intruded into public toilets with a view to satisfying his sexual desire by putting D (W, 28 years of age) (hereinafter referred to as “W,”) which was coming to a female toilet in the fourth floor of Gangseo-gu Seoul Metropolitan Government, and reported a lusium in a lusium, and by putting lusium into a lus

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The sentencing of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by the Defendant does not correspond to the nature of the crime in this case, in light of the method and content of the crime in this case, the criminal records of the Defendant, etc., but the fact that the Defendant recognized his/her mistake and reflects his/her wrongness, that the Defendant does not repeat the crime in the future, and that he/she is receiving mental treatment, and all other sentencing conditions, such as the Defendant’s age, character and conduct, family environment

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 the competent agency

In light of the Defendant’s age, occupation, risk of repeating a crime, contents and motive of a crime, method and seriousness of a crime, the degree and expected side effects of a disadvantage to be borne by the Defendant due to an order to disclose or notify personal information, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the punishment of a sexual crime shall be imposed.

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