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(영문) 서울남부지방법원 2019.05.24 2018고단6404
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 21, 2018, at around 20:00, the Defendant taken a change from the male side column in the first floor of the Yeongdeungpo-gu Seoul Metropolitan Government B building for men and women's common use, taken up the face, and stolen the form of the victim C (tentative name, b. 23 years old) who was pushed off and reported a change in the face at the same place.

In order to achieve his sexual purpose, the Defendant invadedd on female side partitions in public toilets for men and women, which are public use places.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning C (tentative name);

1. Application of Acts and subordinate statutes, such as site photographs and images;

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. According to the proviso of Article 42(1) of the Criminal Procedure Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, a person subject to the registration of personal information is subject to a crime subject to the registration of personal information, and the defendant is not subject to the registration of personal information, but is not obligated to submit personal information to a related agency.

In addition, considering the defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, disclosure order, notification order, notification order, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the employment restriction order, the preventive effect of the sexual crime subject to registration, the effect of protecting the victim, etc., the personal information should not be disclosed and notified and the employment restriction order should not be issued.

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