성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
A defendant shall be punished by imprisonment for six months.
To order the defendant to complete a sexual assault treatment program for 40 hours.
Punishment of the crime
[criminal record] On January 20, 2016, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment with prison labor for larceny, etc. from the branch court of the Busan District Court on January 20, 2016, and the said judgment became final and conclusive on October 22, 2016, and is currently under suspended sentence.
[2] On March 12, 2017, at around 15:15, the Defendant was waiting for the Defendant’s intrusion into the first column (two sides) from D Park Women’s Toilets located in Busan East-gu, Busan-dong, and then stolen the victim E (the 24 years old) (the 24 years old), which is viewed as being melted in the second column (the gate) immediately following the partitions.
Accordingly, the defendant invadeds on public women's toilets with a view to meeting his sexual desire.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;
1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;
2. Selection of imprisonment with prison labor as a matter of choice (to take into account the fact that the instant crime was committed without being aware of during the period of suspension of execution and the fact that there is a high possibility of re-offending in light of criminal experience
3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.
4. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, benefits and effects expected due to the instant disclosure order and notification order, disadvantage and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.
(C) Article 42 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, where a conviction is finalized on the facts constituting a sex offense subject to registration and submission of new information.