2017 Highest 2861 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Intrusion upon a sexual purpose and public place)

○○○, Company Board

The prosecution shall be held, the promotion shall be held, and the promotion shall be held.

August 8, 2017

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

Criminal facts

1. On August 29, 2015, around 14:00, the Defendant intruded into a female toilet, which is a public toilet with 90 X-gu distribution complex, Daegu Northern-gu, Daegu Northern-gu, 200 xco 2, and the victim Gangwon-gu (n, 27 years of age) entered the side partitions, followed by a string of the string of the strings, followed by a string of the strings, and opened the head in the side partitions.

2. On March 9, 2017, at around 16:50, the Defendant intruded into a female toilet as described in paragraph (1) and laid a hole of approximately 1cm under the cremation site so that it can see side partitions, and the victim Kim ○○ (hereinafter referred to as “victim 23 years old”) laid down a hole of approximately 1cm in side partitions and a melts by its name.

Accordingly, the Defendant intruded on public toilets for the purpose of meeting sexual humiliations twice.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on the Kim ○○ and Kim Sung-jin: A report on internal investigation (the attachment of CCTV images and photographs to the suspect's moving route, CCTV images and photographs), internal investigation reports (the attachment of female toilets and external photographs), investigation reports (the attachment of CCTV images to the suspect moving route prior to the intrusion), investigation reports (the attachment of the conversation with the victim's Gangwon ○○ in 2015), investigation reports (the confirmation of whether public toilets in the criminal place are installed);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Articles 37 (1) 2 and 50-1 of the Criminal Act among concurrent offenders, the former part of Article 37, the former part of Article 38 (1) 2 of the Criminal Act, Article 62 (1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 201).

Exemption from Information Disclosure Order or Notice Order

In light of the details of crimes subject to registration, the history of punishment, etc., it is determined that there is a special circumstance that the disclosure of personal information should not be disclosed pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Therefore, an order to disclose and notify personal information is not issued

Reasons for sentencing

The victims' legal interests are not high enough to commit a crime two times, and the crime has been committed on the public toilets for sexual purposes, and it is planned not only to intrude the public toilets for sexual purposes, but also to excavate the victims who are expected to be salved by drilling the hole into the toilets, and then theft is likely to occur due to mental diseases, such as salvance, which are likely to violate the victim's legal interests, and the imprisonment is selected in consideration of the fact that there is a concern about recidivism, but the execution of the crime is deferred and ordered to take lectures to prevent recidivism, taking into account various circumstances, such as the defendant's age, character and behavior, occupation, home environment, etc., and the defendant's age, character and behavior, occupation, family environment, etc.

Judges Ounok-ok