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(영문) 울산지방법원 2016.06.30 2016노155
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes does not constitute “public toilets, such as public toilets,” the five-story female toilets of D University No. 2, a place for committing a crime stated in the misapprehension of the legal doctrine.

B. The punishment of the lower court (2,00,000 won for punishment, and 40 hours for completing sexual assault treatment programs) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

In the first instance trial, the Prosecutor infringed on the Defendant’s crime name “Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into Public Place for Sexual Purposes)”, and Article 319(1) of the Criminal Act applicable “Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes,” thereby infringing on the Defendant’s above female toilets, a public forum, for the purpose of meeting the sexual desire.

As a result, the Defendant invadedd a building managed by others.

The judgment of the court below is no longer possible since the amendment of the indictment was permitted by this court. The judgment of the court below is no longer consistent with the reasoning of the defendant's appeal. 3. The judgment below is reversed on the ground that there is a ground for ex officio reversal of the above, and the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the judgment of the court below as to the defendant's unfair assertion of sentencing.

[Re-written judgment] The summary of facts constituting a crime and evidence acknowledged by the court is "the crimes No. 2, No. 5, and No. 6 of the judgment below," and thus, the defendant invadeds on the above women's toilet, a public forum, for the purpose of meeting sexual desire.

“B” is thereby the same.

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