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(영문) 대전지방법원 천안지원 2016.08.05 2015고단1688
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

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

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

Reasons

Punishment of the crime

The defendant saw that many and unspecified women have stolen the form of blance by entering a blance female toilet.

On September 1, 2015, the Defendant, around 17:00, kept a string that was prepared in the second floor of, and waited in, the 2nd floor of, women's toilets in, Seo-gu, Seo-gu, Seo-gu B building, and stolen the form of the victim by inserting the string to the lower part of the toilet, waiting in the inner side column, and waiting in the victim C (n, 37 years of age).

Accordingly, the defendant invadeds on public toilets to satisfy his sexual desire.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of statutes on site photographs;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Where a conviction becomes final and conclusive for a crime in the judgment that is subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is subject to obligation to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc.

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