성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On June 2, 2019, at around 17:50 on June 2, 2019, the Defendant got into the second melter column in order to steal women's toilets of the first floor of the building B in Busan, or to hear sound that women are melted.
Accordingly, the defendant invadeds on public use places used by many unspecified persons for the purpose of meeting his sexual desire.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to C (alias) and D;
1. Application of Acts and subordinate statutes to a report on investigation (in cases of attaching a field photograph), investigation report (in cases of attaching a list of 112 reported cases), investigation report (in cases of CCTV confirmation in which it has occurred);
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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. In light of the Defendant’s age, occupation, risk of repeating a crime, type of the instant crime, motive, process, disclosure and notification order under Article 334(1) of the Criminal Procedure Act, the degree of disadvantage and anticipated side effects of the Defendant’s entrance, prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, it is determined that there are special circumstances that may not disclose and notify personal information pursuant to the proviso to 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 of Children and Juveniles against Sexual Abuse.
When comprehensively considering the age of the defendant exempted from the employment restriction order, family environment and social relation, records of the crime, details and motive of the crime, method and consequence of the crime, risk of recidivism, disadvantage of the defendant resulting from the employment restriction order and preventive effect of the sex crime that can be achieved therefrom, etc.