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(영문) 울산지방법원 2017.12.14 2017고단3613
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

【Criminal Records】 The Defendant was sentenced to a suspended sentence of one-year imprisonment with labor for a crime of the Act on the Protection of Juveniles against Sexual Abuse at the Ulsan District Court on September 9, 2016, and the said judgment became final and conclusive on September 20, 2016, and is currently under suspended sentence.

【Criminal fact-finding on August 15, 2017, the Defendant invadedd the above public toilets with a view to stealing the sexual humiliations of many unspecified women, such as D (W, 25 years of age) with a view to satisfy their own sexual humiliations at the entrance toilet of "C," located in Ulsandong-gu, Ulsandong-gu B.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to investigation reports (including reports related to investigation command as to whether the case falls under public toilets), investigation reports (including photographs attached to site photographs);

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes; 36 choice of imprisonment or imprisonment;

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

[Non-data] There is no evidence to view the reason for sentencing that the defendant was sentenced to the suspended sentence for sex offenses against children and repeated the sex offenses of this case without being aware of during the suspended sentence period, and that the method of criminal punishment is very active and not received from the victimized person, etc., it is inevitable to punish the corresponding punishment.

However, in consideration of the fact that the act of photographing the camera in the toilet seems not to have taken place, and the fact that the crime is discovered by the victim and the sexual damage is not realized, the punishment as ordered shall be determined.

Where a conviction against a defendant is finalized on the criminal facts stated in the judgment on a sexual crime subject to the registration of personal information, the defendant is personal information of Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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