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(영문) 인천지방법원 부천지원 2014.06.18 2014고단778
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 April 8, 2014, at around 23:15, the Defendant, at around 23:15, stolen the appearance of women in the second column of the toilet for women, and stolen the appearance of women, such as the victim D (e.g., 33 years of age), through the hole that was excavated by the partitions, in order to smoke sexually decentralization, at the public toilets divided into male and female, installed on the first floor in Seocheon-gu shopping mall B, Seocheon-gu, Seocheon-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of statutes on field 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 of a defendant against a sexual crime subject to registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, 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 the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act

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

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