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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On March 15, 2016, from around 01:31 to around 01:45, the Defendant entered a female toilet within the third floor of the building B in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, and was hiding in the sixth column of female toilets, and used the head of the Defendant’s head in the two strings and the fifth column of the toilet.
D(n.e., 20 years of age) referred to as “dial-a-a-dials” to D, and intrudes into public toilets with a view to meeting its sexual desire.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of CCTV photographs and CD-related Acts and subordinate statutes;
1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;
1. Article 70 (1) 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. In a case where a conviction on the instant criminal facts becomes final and conclusive, the Defendant registered personal information is subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act, inasmuch as the Defendant is subject to registration of personal information under Article 42(1) of the same Act.
In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., there are special circumstances that may not disclose personal information pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) proviso of the Act on the Protection, etc. of Children against Sexual Abuse, and Article 50(1) proviso of the Act on the Protection, etc. of Children against Sexual Abuse.