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(영문) 춘천지방법원 강릉지원 2017.09.21 2017고단831

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) infringed upon a public site for sexual purposes at least eight times (seven times in written indictment, but it is apparent that it is a clerical error, and thus ex officio correction) as shown in attached Table 1, with a view to meeting the sexual desire by photographing the figures of men who are viewed as melting the sides of the sexual crime, and impairing the public site for sexual purposes at around 17:00 on June 11, 2017, such as entering a D public male toilet located in the East Sea, and impairing the public site, etc. on May 26, 2017 through June 11, 2017.

2. From May 26, 2017 to June 11, 2017, the Defendant: (a) went off the victim E (24 years of age) from the side partitions of D public toilets in the East Sea; (b) was waiting for a male to enter the side partitions of D public male toilets in the East Sea; and (c) took photographs of the victim’s her hair, which may cause sexual humiliation or shame by using a mobile phone with a mobile phone with a device that he/she was in possession of the above space, from May 26, 2017 to June 1, 2017; and (d) taken pictures against his/her will, such as taking video pictures of the victim’s her part against his/her will, the victim’s her will, as shown in the Annex 2 Table of D crime Scam.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. Photographs of a mobile phone image;

1. Application of Acts and subordinate statutes to a report on investigation (the results of the restoration of seized smartphones) and the results of analysis of digital evidence;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Punishment, etc. of Specific Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion into public places for sexual purposes), and the Selection of Imprisonment with labor;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.