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(영문) 수원지방법원 2016.02.04 2015고단5500
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On November 5, 2015, Defendant A: (a) reported that, around 22:20 on May 5, 2015, Defendant A entered the victim E (the victim E) at a female toilet on the first floor of the building D D in Suwon-si, Suwon-si; (b) and (c) sent a door to the toilet partitions in which the victim was the victim, thereby having changed the victim.

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

2. The Defendants jointly committed the crime, at the time and place specified in paragraph 1, entered in the above toilets to see the appearance of the victim in which the victim would be able to see, and after the victim entered the toilets, the victim was able to see his clothes.

Accordingly, the Defendants infringed on public places for the purpose of meeting their sexual desire.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. A report on investigation;

1. Documents from the site pictures of the case;

1. Application of Acts and subordinate statutes to a criminal investigation report (Analysis of video data);

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion into a public place for sexual purposes in the judgment below), Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 30 of the Criminal Act (a point of intrusion into a public place for sexual purposes in the judgment below), selection of fines

B. Defendant B: Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 30 of the Criminal Act

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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

1. The Defendants ordered to complete program: Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes where the Defendants’ conviction against the Defendants is finalized on each of the criminal facts stated in the judgment that they should register and submit personal information.

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