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(영문) 의정부지방법원 2016.11.07 2016고단3543
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. Around November 2015, the Defendant committed a crime in public toilets with a view to meeting his/her sexual desire in order to listen to sound of urinals, which became D 2 female toilets located in Namyang-si, Namyang-si, Namyang-si. In order to hear sound of urinals, the Defendant invadedd on public toilets with a view to meeting his/her sexual desire.

2. Around July 7, 2016, the Defendant committed the crime committed on and around July 7, 2016, at around 11:10, in the above female toilets, the Defendant intruded into the public toilets with a view to meeting his/her sexual desire by setting aside the public toilets for the same purpose.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement of F and G;

1. A report on internal investigation:

1. On-site photographing photographs;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of a medical certificate;

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 and Selection of Fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. A fine of three million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. When a conviction on each crime subject to registration and submission of personal information under Article 59(1) of the Criminal Act (including serious recognition disorder, uneasiness, verbal disorder, old age, and all other sentencing conditions, such as age, character and conduct, and circumstances after the crime) of the suspended sentence becomes final and conclusive, 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 a related agency pursuant to Article 43 of the same Act.

Provided, That if it is deemed to be acquitted after two years have elapsed without the invalidation of suspension of sentence after the judgment of suspension of sentence becomes final and conclusive, the person subject to registration shall be exempted from the obligation to submit personal information

(Supreme Court Decision 2014Do3564 Decided November 13, 2014). The Defendant’s age, occupation, and exemption from the disclosure order or notification order of personal information.

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