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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On September 12, 2015, at around 12:00, the Defendant: (a) 2nd female toilets in Dobong-gu Seoul Metropolitan Government, and (b) taken the second column of female toilets in order for women to steals the appearance of melting the mouth, and stolen the form of e (n, 27 years old) taken in the first column through a hole posing by the partitions.
Accordingly, the defendant intruded on the building managed by others.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to a report on investigation (Attachment of field photographs);
1. On the grounds of the relevant statutory provisions and Article 319(1) of the Criminal Act regarding criminal facts, the sentence shall be imposed in consideration of the Defendant’s age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime committed on May 13, 2013, on which the crime of intrusion upon a female toilet was committed on May 13, 2013, with the same criminal history of punishment of KRW 1,00,000,00, within the period of suspension of execution (the place of sexual purpose intrusion, two years of suspension of execution on August 27, 205, and September 4, 2015), and as a result, no objective part of the crime of intrusion upon a female toilet should be found guilty in that the crime was committed on September 12, 2015.
1. The summary of the primary charge, as indicated in the facts charged by the Defendant, intruded into a female toilet of the second floor of D commercial buildings with a view to satisfaction of his sexual desire.
2. Determination
A. The main issue of the primary facts charged is the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”), newly enacted by Act No. 11556, Dec. 18, 2012, and enforced June 19, 2013.
The Act on Public Toilets, Etc. (hereinafter referred to as the "Act") is not to punish any case of intrusion into toilets for the purpose of satisfaction of sexual humiliations.