2020 Highest 1657 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

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Han, 98 People＇s Republic of Korea, South and North

Residential Ulsan

Reference domicile

The Constitutional Court of 200Hun-Ga, Park Jae-young (Public trial)

Law Firm

February 4, 2021

Defendant shall be punished by a fine of three million won.

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

For the accused, an employment restriction shall be issued to the child and juvenile-related institutions, etc. and welfare facilities for persons with disabilities for three years.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

On February 12, 2020, at around 17:32:17:55, the Defendant entered a female toilet located in the second floor in Ulsan-gu, with a pre-purchaseed female cryp, locking, and ring a cap, and then entered a female toilet located in the second floor around 17:57 on the same day.

Accordingly, the defendant invadeds on women's toilets, which are public places, with a view to meeting his sexual desire.

Summary of Evidence

1. Partial statement of the defendant;

1. A statement under the items of Articles;

1. Receipts related to the details of the suspect card transactions, CCTV images and caps photographs before committing the suspect, and to the purchase of the suspected object;

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

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order to complete programs;

Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act comprehensively takes account of the circumstances leading to the instant crime with reason for sentencing, circumstances without criminal records, Defendant’s age, environment, and circumstances after the crime, etc., the sentence against the Defendant shall be determined as ordered.

According to the proviso to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, such as exclusion from the registration of personal information, a person who is sentenced to a fine in the judgment is excluded from a person subject to registration of personal information, and the defendant is not subject to registration of personal information and has no obligation to submit personal information to a related agency. In addition, unless a

Judges electrical interest