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(영문) 울산지방법원 2015.10.29 2015고단2000
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 22:55 on July 14, 2015, the Defendant, at the second floor of the commercial building located in Yangsan-si B, deemed that the victim C (n'e, 28 years of age), who is working at the entrance, enters the said toilet into the female toilet during the said toilet, and then entered the front section of the said victim immediately after the victim entered the front section, and then stolen the victim's physical part of the victim's body, which was reported on the side section.

Accordingly, the Defendant infringed on the above public toilets, which are public places, for the purpose of meeting his sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. A report on the occurrence and a report on the internal investigation;

1. Application of statutes on site photographs;

1. Article 12 of the relevant Act on Criminal Crimes and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the sentencing order under Article 334(1) is that the victim appears to have obtained a considerable mental impulse due to the instant crime, and that it did not reach an agreement with the victim is disadvantageous to

However, the punishment shall be determined as ordered in consideration of the circumstances favorable to the defendant, such as the fact that the defendant is against the defendant and has no record of criminal punishment, and other various sentencing conditions shown in the records, such as the age, character and conduct, environment, and circumstances after the crime.

Where a conviction of a defendant is finalized on the criminal facts in the judgment of a sex crime subject to registration and submission of personal information, the defendant 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 is obligated to submit personal information to the relevant agency pursuant to

An order of disclosure or notification shall be waived.

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