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(영문) 서울중앙지방법원 2014.03.28 2013고단8406
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 8, 2013, at around 09:05, the Defendant discovered that the victim D (the age of 20) entered public toilets in the public toilets in front of the public toilets of the first floor underground of Seongbuk-gu Seoul Metropolitan apartment commercial apartment building, and came into the public toilets of the victim according to the victim for the purpose of satisfying his sexual desire, and opened the first column, covered the front lid, and then cut down on the top, and then stolen the victim who tried to cut off in the public toilets of the public toilets of the first floor underground of Seongbuk-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that constitutes a sex offense subject to registration, etc. under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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

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 the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be ordered to disclose or notify personal information to the accused, in full view of the Defendant’s age, occupation, risk of recidivism, motive of the crime in this case, method of the crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure or notification order, the prevention of sexual crimes subject to registration which may be achieved thereby, the effect of protecting the victims thereof, etc.

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