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(영문) 서울남부지방법원 2014.12.10 2014고단3996
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

피고인은 2014. 9. 20. 20:40경 서울 영등포구 신길동 42-2에 있는 지하철 1호선 신길역 역사 내 공중화장실 앞에 이르러 여성의 용변 장면 등을 볼 생각으로 그곳 여성화장실 3번째 칸으로 몰래 숨어 들어가 쓰레기통을 밞고 올라서 양손으로 칸막이를 잡고 옆 칸에서 용변을 보는 피해자 C(여, 47세)의 신체를 훔쳐보았다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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 elective Punishment;

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. In light of the method and content of the instant crime for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence is rendered as ordered in consideration of the following factors: although the nature of the crime is not weak in light of the method and content of the instant crime; however, its mistake is recognized and reflected; the crime has no record of crime except that the crime was punished as a fine for a different type of crime in 2014; and all of the sentencing conditions, including the Defendant’s age, character and conduct

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex crime 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

The age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant due to the disclosure order or notification order of registered information, and the registration that can be achieved due to such order.

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