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(영문) 의정부지방법원 고양지원 2018.10.16 2018고단1630
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On May 11, 2018, around 14:57, the Defendant went into the public use place, such as a toilet, etc., used by many and unspecified persons for the purpose of meeting his/her own sexual desire, such as hiding, etc., in order to view the appearance of women’s common use by seeing the appearance of women’s common use.

2. On May 24, 2018, around 16:56, at the places indicated in paragraph (1) around 16:56, the Defendant intruded into public use places, such as toilets, with a view to seeing the women’s appearance, such as the concealment of about 19 minutes of the above toilets, with a view to meeting their sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of E and F;

1. Application of investigation reports (the analysis of CCTV images at the entrance of suspect toilets) (the analysis of CCTV images);

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The grounds for sentencing under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, show the attitude of the accused to recognize and reflect each crime from the beginning of the investigation, the first offender, the second offense, the Defendant’s age, sex, environment, motive, circumstance, circumstances after the crime, etc. shall be determined by taking into account the following factors:

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