Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Criminal facts

On November 9, 2015, the Defendant intruded into the above female toilets with a view to meeting his sexual desire, such as observation of the appearance of women, etc., when he came to public toilets of the 2, 1st floor of Ansan-si, Masan-si, Masan-si, Masan-si.

Summary of Evidence

1. Statement made by the police against C;

1. Each written statement prepared D or C;

1. Each investigation report [the defendant did not have any intention to observe the appearance of women.]

The argument is asserted.

The following circumstances acknowledged by each of the above evidence, i.e., (i) reported the Defendant, who was a man in female toilets as indicated in the judgment, showed the Defendant’s hand and shot at the lower part of the toilet partitions, and (ii) deemed that the Defendant’s hand was examined on the floor to see the lower part as follows in the toilet column.

In light of the facts that the Defendant stated, ② the witness C and D immediately after the crime was committed with CCTV images and the statements of the witness C and D, the Defendant appears not to have been able to have been aware that there was no awareness that the Defendant could not distinguish male and female toilets at the time, ③ the Defendant was hiding in the toilet partitions as indicated in the judgment, and ③ the Defendant could sufficiently recognize the fact that the Defendant entered the toilets for sexual purposes. Thus, the Defendant’s assertion is without merit).

1. Relevant legal provisions concerning criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, and the selection of fines (in cases where no damage has yet been restored to the extent that the damage has not yet been inflicted, considering

1. Articles 70 and 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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 47 and Article 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 (which is not the previous one, family relations, and the relocation thereof).