성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
A defendant shall be punished by imprisonment for six 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 26, 2014, around 00:30 on March 26, 2014, the Defendant entered the immediate side partitions of the victim C (Y, 33 years of age) who had reported urine in the first floor female toilets under the Yeongdeungpo-gu Seoul Metropolitan Government Building B, and stolen the victim from the upper side.
Therefore, the defendant invadeds on public toilets to satisfy his sexual desire.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of Acts and subordinate statutes on voluntary reports;
1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;
1. Article 62 (1) of the Criminal Act;
1. The Defendant alleged to the effect that “the Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime” under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant. Thus, according to the evidence of the judgment, the Defendant is deemed to have been in a state of drinking alcohol at the time of committing the crime, but in full view of the Defendant’s behavior, etc. before and after committing the crime, it cannot be deemed that the Defendant did not have or lacks the 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 Criminal Act shall not apply to sexual assault crimes in the state of mental disorder caused by drinking or drugs, and the provisions on mental disorder in the Criminal Act shall not apply. In this regard, the defendant's assertion is without merit.
The reason for sentencing is that the defendant has been punished for a similar crime, that there is no agreement with the victim, that the defendant is disadvantageous to the defendant, that there is a confession of the crime in this case, that there is no criminal record of suspended execution or more during the last ten years, and that there is no other age, character and conduct, and after the crime.