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Reasons
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(영문) 인천지방법원 2018.03.29 2018고단441
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On December 13, 2017, the Defendant, around December 12:35, 2017, in order to see that women who were sexually in front of the D Station female toilets located in Seo-gu Incheon Metropolitan City entered the toilet for women, and that women who view melting the appearance of women, invaded inside the female toilet following the following.

2. On January 1, 2018, around 14:22, the Defendant: (a) reported, at the same place as Paragraph (1) of the same Article, female females entered into a female toilet; and (b) invaded inside female toilets following that end, in order to steals a female’s appearance that sees melting the melt.

After all, the Defendant invadedd twice in a female public toilet, which is a public place, with a view to meeting his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. E statements;

1. Notification of departments related to the report of the 112 case and CCTV analysis photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order appears to have caused mental distress to many victims due to the instant crime, etc., the nature of the crime is not good.

However, it shall be considered that the defendant has no criminal records of the same kind and imprisonment without prison labor or any other criminal records, and that his/her mistake is divided, etc. in favor of the defendant, and it shall be judged as ordered in consideration of all the sentencing factors in the arguments of this case, such as the defendant's age, sex, environment, motive and means of the crime, results, and circumstances after the crime.

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