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(영문) 서울북부지방법원 2016.09.29 2016고단597
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Acquittal of the accused shall be acquitted.

Reasons

1. The summary of the facts charged in the instant case was around October 2, 2015, around 18:14, the Defendant entered the female toilet, an open private toilet in Dobong-gu Seoul, Dobong-gu, Seoul, in order for women to take the form of melting uris.

Accordingly, the defendant invadeds on an open toilet for the purpose of meeting his sexual desire.

2. According to each of the records of this case, the defendant was notified by the head of the Dobong Police Station in Seoul on October 22, 2015 of a penalty amounting to KRW 20,000 on the ground that he/she violated Article 3(1)37 (Unauthorized Intrusion) of the Punishment of Minor Offenses Act on the day of this case on October 22, 2015, on the grounds that he/she infringed on a female toilet of 19:02 C4 on the day of this case without permission, and the defendant was subject to a disposition of KRW 20,000 for the reason that he/she exceeded the payment period for the above penalty and requested a final judgment, namely, the defendant paid KRW 30,000,000, which added the penalty amount to 50/100 of the penalty amount before the decision was made.

According to the above facts, the facts charged in this case and the facts constituting the violation of the Punishment of Minor Offenses Act are identical in the basic point of view.

In this regard, Article 9(3) of the Punishment of Minor Offenses Act provides that a person who pays the penalty notified plus an amount equivalent to 50/100 of the penalty before the adjudication is made shall not be punished again for the same offense, which recognizes the effect corresponding to the final judgment on the payment of penalty by notification.

If so, the charged facts of this case constitute a final judgment, and thus, the defendant is acquitted pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.

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