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(영문) 울산지방법원 2018.02.20 2017고단4008
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
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.

(e).

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On February 23, 2017, the Defendant was sentenced to imprisonment for six months with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Intrusion into public places for sexual purposes) at the Ulsan District Court on February 23, 201, and the suspended sentence becomes final and conclusive on March 3, 2017.

【Criminal facts” around October 14, 2017, around October 31, 2017, the Defendant entered the above toilet for the purpose of meeting his sexual desire by cutting away women who are viewed urines from the above toilet, etc. inside the two-story female toilets of the D building located in Ulsanbuk-gu, Ulsan-gu, and intrusion into the public toilet for the purpose of meeting his sexual desire.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A written statement of F and G;

1. On-site photographs and CCTV images;

1. Application of Acts and subordinate statutes to a reply to a factual inquiry made by the head of the north-gu Seoul Metropolitan City, Ulsan Metropolitan City, and to a reply to a factual inquiry made by the D representative director H;

1. Article 12 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15156, Dec. 12, 2017) and the selection of a sentence of imprisonment with prison labor on the crime

1. Determination on whether a crime under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is committed

1. The defense counsel’s defense counsel’s defense counsel’s defense does not constitute “public toilets, etc.” under Article 12 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Act”)

The argument is asserted.

2. Determination

A. Article 12 of the former Act is established when a person intrudes into a toilet (hereinafter “public toilet, etc.”) under Article 2 subparag. 1 through 5 of the Act on Public Toilets, etc. (hereinafter “Public Toilets Act”). This is ① Public toilet (No. 1, a toilet installed by the State, a local government, a corporation, or an individual for public use), ② Open toilet (No. 2, a toilet installed in a public institution’s facilities).

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