성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 7, 2015, at around 21:46, the Defendant entered the second floor C restaurant of Yongsan-gu Seoul Metropolitan Government, and raised a female toilet in the 2nd floor C restaurant of Yongsan-gu, Yongsan-gu, Seoul, and made self-defense with the face of sexual intercourse.
Accordingly, the defendant invadeds on women's toilets, which are public places, to satisfy his sexual desire.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to D by the police;
1. Application of the Act and subordinate statutes to the investigation report;
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 elective Punishment;
1. Article 62 (1) of the Criminal Act;
1. In a case where the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases concerning the Punishment, etc.”) is confirmed to be convicted of the criminal facts subject to the registration and submission of personal information (five years of imprisonment), where the defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the competent authority pursuant to Article 43(1) of the same Act, on the grounds that he/she is a person subject to registration of personal information pursuant to Article 43(1) of the same Act, to submit personal information pursuant to Article 43(1) of the same Act.
Article 47(1) and (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes shall be comprehensively considered in light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, punishment records, expected side effects of a crime subject to registration to be achieved due to an order of disclosure or notification of personal information, the preventive effect of a sexual crime subject to registration to be achieved, the effect of protecting the victim, etc.