성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On September 2, 2018, at around 15:17, the Defendant was hiding for about 2 hours in the above side partitions in order to cut away women in the toilet for the purpose of meeting their sexual desire by entering the side partitions of women's public toilets for women's public toilets of the first floor in Seongbuk-gu, Sungnam-si, Sungnam-si.
Accordingly, the defendant invadeds on women's toilets, which are public use places used by many unspecified persons for the purpose of meeting his sexual desire.
Summary of Evidence
1. Defendant's legal statement;
1. Scenes of the field and CCTV images;
1. Application of Acts and subordinate statutes to criminal investigation reports (victim D telephone communications);
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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. In light of the following: (a) disclosure order, notification order, and employment restriction order under Article 334(1) of the Criminal Procedure Act; (b) the Defendant’s age, occupation; (c) risk of recidivism; (d) type and motive of the instant crime; (e) process of the instant crime; (c) disclosure order and notification order; (d) the degree of disadvantage and anticipated side effects of the Defendant’s entry; (e) prevention of sex crimes subject to registration; (e) the effect of the victim protection; and (e) possibility of preventing recidivism, etc., the disclosure and notification of personal information; and (e) the possibility of preventing recidivism, etc., the court shall not issue an order of disclosure, notification, or employment restriction order to the Defendant pursuant to the proviso to Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
The reason for sentencing is that the crime is not good in light of the Criminal Procedure Act, and the victim has the intent to punish the defendant, but the defendant has led to the confession of the crime of this case.