성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Criminal facts
Public toilets managed in the restaurant “B” located in Seoan-si, Seoan-si, Seoan-si are composed of one side of the wall for women, one side of the wall for men, and one side of the side for men, and a small hole between the side for women’s use and the side for men’s use can be seen by other people and the situation in which toilets are used.
On the other hand, around March 2014, the Defendant was found to have not been 40 minutes in the above restaurant toilets, and the situation in the above toilet was frequently observed, and is well aware of the structure of the above toilets for both men and women.
On April 4, 2014, the Defendant, at around 00:50, committed self-defensive acts in the above toilets, i.e., a victim C (e., 21 years of age), D (n, 17 years of age) who sees a change from the side partitions through a hole ponding to a man-use partition with an aim to satisfy his sexual desire.
Accordingly, the defendant invadeds on public places for the purpose of meeting sexual desire.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of each police protocol of statement to D and C
1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Determination of the same sentence as the order shall be made in consideration of all the sentencing factors indicated in pleadings, including the following: (a) the degree of sexual humiliation of victims caused by the Defendant’s act of sentencing as the reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order; (b) the Defendant agreed with the victims; (c) the Defendant has no criminal record of the same kind or suspended execution
Where a conviction becomes final and conclusive on a sex crime subject to registration of personal information, Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.