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(영문) 서울동부지방법원 2020.01.30 2019고단3632

성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal power] On June 19, 2009, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Protection of Juveniles against Sexual Abuse (Juvenile Rape, etc.) and two years of a suspended sentence on the 27th of the same month in the Incheon District Court’s Branch Branch, and the judgment became final and conclusive on the 27th of the same month. On October 8, 2009, which is the suspended sentence of the above sentence, the Incheon District Court sentenced seven years of imprisonment for the same crime and became final and conclusive on January 15, 2010, the sentence of the suspended sentence became final and conclusive and completed on April 30, 2017.

【Criminal Facts】

The defendant entered a female toilet for the purpose of meeting his own sexual desire, and tried to see the appearance of women, or to photograph it.

1. On August 21, 2019, at around 19:39, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (including intrusion into the above toilet used by an unspecified number of people through open doors to satisfy sexual humiliations at the first floor of Gangdong-gu Seoul, Gangdong-gu, Seoul. From that time, the Defendant invaded into the above toilet used by an unspecified number of people, from that time until December 2 of the same month, with a view to meeting his/her sexual humiliations over four times in total, as shown in the attached Table 1 of Crimes List 1.

2. Around August 22, 2019, the Defendant taken photographs of the victims who are viewed as having melted in female toilets at female toilets at around seven times in total, as shown in [Attachment Table 2], on August 22, 2019, by going through a cell phone camera function, using a handout from female toilets as described in the above paragraph (1), and by going through a cell phone camera function of the Defendant. Around August 22, 2019, the Defendant taken photographs of the victims who are viewed as having melted in female toilets at around seven times in total, as described in [Attachment Table 2].

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame against the victims' will.

Summary of Evidence

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