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(영문) 서울북부지방법원 2014.07.09 2013고단1888
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for six 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 July 30, 2013, at around 03:00, the Defendant intruded into public toilets with a view to satisfying his sexual desire, such as hiding in the 1st floor of the Seoul Special Metropolitan City, Nowon-gu, the victim C (the age of 25) with a tent hidden and using a toilet.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Defendant shall be determined as ordered in full view of the following circumstances: The Defendant’s age, character and conduct, family relationship, motive, means and consequence of the crime, and circumstances after the crime are committed;

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 pursuant to

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be affected by the Defendant, 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 disclosure order and notification order shall not be issued to the Defendant, given that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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