성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Criminal facts
No person shall intrude into the same public place as a sloping room installed in sports facilities for the purpose of meeting his/her sexual desire.
1. On March 29, 2016, around 23:00, the Defendant intruded into the victim G (the age 29) with a view to satisfying his/her sexual desire at the fourth floor F health of the building E at Sinti City, with a view to satisfying his/her own sexual desire, and completed a shower, and intruded into the above place for the purpose of meeting the sexual desire of the victim G (the age 29).
2. On March 30, 2016, the Defendant intruded into the said place with a view to meeting his/her sexual desire in light of around 20:40 on March 30, 2016, with a view to exposing his/her own sexual desire, making a shower, and then cutting off the body of the victim H (n, 28 years old) who suffered clothes, and invaded the said place with a view to meeting his/her sexual desire.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to H and G;
1. Application of Acts and subordinate statutes to the I Statement;
1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of fines concerning the crime and the provision of relevant Acts and subordinate statutes;
1. former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (in cases where no damage has been recovered even if the damage has yet to be recovered, the confession and reflectability of the defendant, and the fact that the defendant is the first offender, etc.);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Article 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure and Notification of Personal Information, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (this shall not apply to the disclosure and notification of Personal Information, in consideration of the initial crime, family relationship, the outline, etc.);
1. Article 334(1) of the Criminal Procedure Act provides that where a conviction becomes final and conclusive on each of the facts constituting a sex offense subject to the registration and submission of personal information, the Defendant shall be subject to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.