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(영문) 울산지방법원 2019.01.17 2018고단2343
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall complete the sexual assault treatment program for 80 hours and for 5 years.

Reasons

Punishment of the crime

On October 21, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, at the Changwon District Court on June 21, 2014, but on January 28, 2016, the sentence of the said sentence was terminated at the Changwon District Court on November 4, 2016, upon being sentenced to nine months of imprisonment for the crime of intrusion upon a structure at the Changwon District Court on January 28, 2016, and the said suspended sentence became null and void. On October 31, 2017, the Defendant was sentenced to ten months of imprisonment for the crime of intrusion upon a structure at the Ulsan District Court on May 30, 2018.

On June 11, 2018, at around 16:15, the Defendant: (a) 4th floor of the building B in Yangsan-si, Yangsan-si, the fourth floor of the building, in order to steals the appearance of unspecified women in the toilet; (b) intruded into the toilet managed by the victim C, who is a building manager; and (c) d (48 years of age) waiting for the Defendant, d (the 48 years of age) went back to the side partitions of the available side partitions in which the Defendant entered, and stolen the appearance of D, which reported the melting side.

Accordingly, the defendant invadeds on public use places such as toilets with a view to meeting sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each photograph and CD;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (the confirmation of repeated criminal records by the defendant, and a summary order of the same kind of power);

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (Optional to Imprisonment);

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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

1. A person who intrudes on a defendant's female toilet for the reason of sentencing imposed under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and steals his/her crypology from 2011 to 2017, and was punished twice a sentence, once a suspended sentence, three times a fine, etc., has many records of such punishment, but later, later, the person was released from prison and 12 days.

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