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(영문) 부산지방법원 2016.11.16 2016고단5220
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

[Criminal Power] On July 13, 2016, the defendant was sentenced to a suspended sentence of six months for special larceny at the Busan District Court. The same year

7.21. The judgment became final and conclusive.

【Criminal Facts】

On May 6, 2016, at around 22:55, the Defendant reported the victim D (19 years of age, female toilets) in the vicinity of the opening area of the city railway Station B, Busan, and followed the victim, the victim went to female toilets with the road in which the victim would see the urine.

In addition, the defendant entered the side partitions of the use side in which the victim entered, and followed the victim's salvine, and salvating the victim's salvine, and salvating the victim's alvine with the use side partitions in the use side partitions.

As such, the Defendant intruded on public toilets with a view to meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each report on investigation;

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment of written judgments), and application of Acts and subordinate statutes of one written judgment;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Voluntary fine for a punishment ( considered to reflect the criminal conduct);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) 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 judgment of conviction of a defendant who has registered personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 is obliged to submit personal information to a related agency as prescribed in Article 43

The age of the defendant exempted from the disclosure order or notification order, the risk of recidivism, the type and motive of the crime in this case, the process of the crime, the seriousness of the crime, and the disclosure order or notification order.

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