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(영문) 부산지방법원 2014.11.20 2014고정2288
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 14, 2014, at around 21:05, the Defendant intruded into the airspace of the urban railroad located in Seocheon-dong, Busan, with a view to meeting his own sexual desire, three rooms of the above-mentioned female toilets, which are public places.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of Acts and subordinate statutes on investigation reporting;

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 and Selection of Fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where a conviction of a defendant against a sexual crime subject to registration of personal information of Article 186(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is a person subject to registration of personal information of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to a related agency pursuant to Article 43

In light 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 of a sexual crime subject to registration which may be achieved therefrom, the effect of protection of the victim, etc., in full view of the Defendant’s age, occupation, risk of repeating a crime, and the type, consequence, and seriousness of the crime in this case, the disclosure order or notification order shall not be issued on the grounds that there are special circumstances where the disclosure of personal information shall not be disclosed or notified pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes

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