성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Defendant shall be punished by a fine of three million won.
When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.
Punishment of the crime
On November 14, 2015, at around 00:20, the Defendant entered the second column from the entrance of the public toilet for women in the second floor of D history in Nam-gu Incheon Metropolitan City, and then stolen the appearance of E (the age of 19) (the face of which is sealed and reported in the third column following the partitions.
Accordingly, the defendant invadeds on public toilets to satisfy his sexual desire.
Summary of Evidence
1. The witness E and F’s legal statement [the Defendant did not see the victim’s appearance as below and did not enter a female toilet for sexual purposes;
However, in the investigative agency and the court, the victim made a concrete statement about the situation where the victim was frightened with the Defendant, the surrounding and following circumstances, and the appraisal frighted at the time, and there is no doubt that the statement is false.
나 아가 수사보고에 첨부된 사진( 수사기록 12~13 쪽) 을 보면 피고인이 있었던 용 변 칸은 칸막이가 땅에서 어느 정도 떨어져 있고, 쭈그려 앉아서 용변을 보는 변기가 설치되어 있어서 상대적으로 칸막이 밑으로 다른 칸을 보기 쉬운 구조인 점을 더하여 보면, 공소사실은 검사 제출 증거로 증명된다.]
Application of Statutes
1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.
.personal information;