성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On February 2, 2014, at around 21:40, the Defendant entered the D 2 female toilets located in Jung-gu Seoul Metropolitan Government, and tried to open the victim E (V, 20 years of age) in a common room.
Although the defendant received the victim's request that female toilets be sent, he did not comply with it, and instead, he tried to open the door continuously.
Accordingly, the defendant invadeds on women's toilets, which are public places, with a view to meeting his sexual desire.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes concerning police statements to E;
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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The defense counsel's assertion on the defense counsel under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall assert that the defendant was in a state of mental disorder under the influence of alcohol at the time
According to the evidence mentioned above, it does not seem that the defendant was aware that he had a certain degree of drinking alcohol at the time of the crime, but it does not seem that the defendant had a weak ability to discern things or make decisions.
In addition, Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that the provisions on mitigation under the Criminal Act shall not apply to sexual assault crimes in the state of mental disorder caused by drinking or drugs. In this regard, the defense of counsel is without merit.
The reason for sentencing is that the defendant has no criminal record of the same kind or imprisonment without prison labor or any heavier punishment, and the defendant's age, character and conduct, family relationship, motive, means and result of the crime, and the circumstances after the crime are committed.