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(영문) 울산지방법원 2016.06.23 2016고단1027

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

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

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

Reasons

Punishment of the crime

On November 18, 2015, at around 09:40, the Defendant: (a) 19:40 on the 1st floor of the building B in Yangsan-si, Yangyang-si, the Defendant saw the stores located on the 1st floor of the building in question to steals the tiltile, and stolen the form of the victim C (or 21 years of age) sees this side in the front section of the female toilet room.

Accordingly, the defendant invadeds on public toilets to satisfy his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on site and CCTV photographs;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the choice of imprisonment or imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (General Consideration as follows):

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant does not commit a passive crime by hiding the victim in the toilet, but it appears that the Defendant committed the crime by actively inducing the victim, etc. in the toilet, and even though there is no record of suspension of indictment on July 2014, it appears that the Defendant committed the crime in this case even though he/she committed the crime by inducing the victim, he/she again committed the crime in the form of a similar crime. However, the Defendant is against the Defendant, there is no record of having been punished for the same kind of power, and that he/she is under mental therapy with the foregoing case

If the conviction of the accused against the criminal facts in the judgment of the sexual crime subject to the registration of personal information is finalized, considering the circumstances that are not attributable to the previous crimes, such as taking pictures using cameras, etc., the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.