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(영문) 서울서부지방법원 2018.06.11 2018고단1317

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 02:30 on January 28, 2018, the Defendant entered and was in possession of female female public toilets in Mapo-gu Seoul Metropolitan Government, Mapo-gu.

LGG G6 portable camera's video filming, and the toilet screen was divided into the following parts, and the victim C (n, 26 years of age) and four women who suffered from non-name damage were exposed respectively through the following parts.

Accordingly, the defendant invadeds on toilets, which are public use places used by unspecified majority for the purpose of meeting his sexual desire, and photographs the body of victims who might cause sexual humiliation using carmeras against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Police seizure records and list of seizure;

1. Application of investigation reports ( mobile phone analysis), investigation reports (verification of CCTV images)-related Acts and subordinate statutes;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion into public places for sexual purposes) and Article 14 (1) (a point of view, such as camera, etc.);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (In consideration of the circumstances, such as the fact that he/she commits a crime and reflects his/her mistake, and the first offender);

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

1. Where the registration of personal information of this case under Article 48(1)1 of the Confiscation Criminal Act becomes final and conclusive, the accused 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 a related agency pursuant to Article 43 of the above Act.

However, it can be effective to prevent recidivism to a certain extent only with the initial crime, the registration of personal information.

In light of the fact that there is a special reason not to disclose personal information.

Therefore, it is determined.