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(영문) 수원지방법원 성남지원 2016.09.02 2016고단1279
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On April 1, 2016, at around 21:55, the Defendant: (a) entered women’s public toilets of 1st century, Sungnam-si, Sungnam-si, women’s public toilets; and (b) entered women’s toilets depending on the victim’s entrance into female toilets; (c) intruded the victim’s public toilets, i.e., the victim’s public toilets; and (d) in the side partitions where the victim is located, the Defendant taken a balle for the purpose of meeting the sexual desire, and macking the above balle for the purpose of satisfying the sexual desire, and intruded into the public toilets, which are the public places.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning D;

1. Application of the Acts and subordinate statutes on photographs and CCTV video CDs;

1. Relevant legal provisions concerning facts constituting an offense, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Selection of a fine (including the confession and rebuttal of the accused, the primary charge, and the primary agreement with the victim), and the selection of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, the accused 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 pursuant to Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, 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 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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