2013 Highest 3548 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (sexually Purpose)

Factory bed)

A person shall be appointed.

E. E.I.D. (Lawsuits) and c.s. (Public trial)

Attorney Kim Jin-hoon (Korean National Assembly Line)

January 23, 2014

Defendant shall be punished by a fine of KRW 1,00,00.

When the defendant does not pay the above fine, the above defendant's period converted 50,000 won into one day.

shall be confined in a workhouse.

An order the accused to take a lecture for sexual assault treatment for 40 hours.

In order to order the provisional payment of an amount equivalent to the above fine.

Facts of crime

On August 26, 2013: around 00, the Defendant invadedd the above female toilets, a public toilet, with a view to meeting his own sexual desire and seeing that he dialogues in front of the above toilets (e.g., the age of 31) in a female toilet, which was next to a female toilet, in the middle of Ulsan-gu New Year 2, Ulsan-gu, 1873 - 1 Copolpool risk 4 South Korea.

Summary of Evidence

1. The defendant's partial statement to the effect that he/she entered a female toilet on the date stated in the judgment;

1. Each legal statement of the witness AO and BO (the defendant did not intrude into female toilets).

the witness's testimony, but the witness's physical part within the toilet boundary of the defendant in light of the witness's testimony.

the Defendant’s sexual desire is recognized. On the other hand, the Defendant satisfies the foregoing sexual desire.

The defendant's intent is denied by asserting that he does not act as such, but the contents of the defendant's behavior and the

We cannot accept in light of the circumstances leading to it.

1. Photographss, such as field photographs, suspected vehicles, etc.;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 12 (Selection of Fines)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order to attend lectures;

Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Grounds for sentencing

The crime is a crime that damages the peace of public toilets for women and creates apprehensions for women, and the nature of the crime is unfeasible: Provided, That it was discovered at the entrance of the toilet and escaped immediately, there is no criminal record for the same kind of crime, and the defendant

Selection of a fine equivalent in consideration of family relations;

○ Because of the risk of recidivism, the order to attend the sexual assault treatment lecture is added thereto.

Personal Information

1. Duty to submit a report (where conviction is finalized on the facts constituting a crime as indicated in the judgment);

Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Whether to issue an order to disclose or notify: There are special circumstances not to issue such order;

Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse.

The proviso to Article 49 (1) and the proviso to Article 50 (1).

Judges Hah-sik