2013Ma666 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Indecent Acts), Cases

Water bed-in

A person shall be appointed.

Park Jong-hee (Public Prosecution) (Public Trial)

Attorney Jeon Soo-soo (National Charter)

May 24, 2013

Defendant shall be punished by a fine of KRW 5,00,00.

If the defendant fails to pay the above fine, the defendant for the period calculated by converting 50,000 won into one day;

shall be confined in the station.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Criminal History Office

1. Intrusion a structure;

On January 27, 2013, at around 10:10, the Defendant entered a Dogdong-gu, Ulsan-gu, which is managed by the Ulsan-gu Office for the purpose of committing an indecent act against women who enter a female toilet, and entered the Dogdong-gu, Ulsan-gu, with a view to committing an indecent act against women.

2. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts by compulsion);

On January 27, 2013, at around 20:20, the Defendant entered a toilet space in the above paragraph (1) and opened the above door to enter the victim B (Y, 13 years of age), and the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Summary of Evidence

1. The defendant's partial statement in court;

1. B and each police protocol against C;

1. Investigation report (Attachment of On-site photographs);

Application of Statutes

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

Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act (a point of indecent act by compulsion), and

§ 319(1) (the point of entering a structure), and the choice of fines, respectively.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order to complete a program;

Article 13(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Judgment on the argument of the defendant and defense counsel

In relation to the crime No. 1 of the judgment, the defendant and his defense counsel asserted that the defendant's entry into the female toilet of this case was based on the simple care for the structure of women's toilets, and that it was not just because there was a string to commit indecent acts against women.

In light of each evidence duly adopted and examined by the court and the circumstances, such as the background of the crime committed during the trial process of this case, namely, the defendant entered a female toilet at the time of the crime of this part (27 pages of investigation records), and the defendant was found to have invaded upon a building for the purpose of engaging in indecent conduct against women at the time of the crime of this case. Even if the defendant entered a female toilet at the court of first instance not for the purpose of committing indecent conduct against women but for the mere purpose of committing indecent conduct against women, barring special circumstances, the defendant's intention to allow a female toilet manager to enter the female toilet at the time of committing the crime of this part, and thus, the defendant's act of entering the female toilet against such intent of the manager of the toilet was established and the defense counsel's assertion is not accepted.

Reasons for sentencing

The crime of this case is committed by the Defendant’s intrusion on female toilets and the nature of the crime is not good. However, considering the fact that the Defendant’s exercise of physical force or indecent act is not much serious, the Defendant’s primary offender and reflects his mistake, and all other circumstances, including the Defendant’s age, character and conduct, and circumstances after the crime, the sentence identical to the order shall be determined.

Registration of Personal Information

Where a conviction on a crime against a defendant subject to registration becomes final and conclusive (indecent act by compulsion) in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to registration of personal information under Article 33 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the defendant is obligated to remove personal information from the competent agency pursuant to Article 34 of the

Disclosure and Exemption of Notice Orders

If it is subject to the proviso to Article 38(1) and the proviso to Article 38-2(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, a fine is imposed on a sex offense case against a child or juvenile, the disclosure and notification order shall not be ordered, and such disclosure and notification order shall not be ordered against the defendant.

Judges fixed line

Judges Jin-Law

Judges Mahova-Gyeong