beta
(영문) 울산지방법원 2020.11.26 2020고단3193

성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around June 29, 2020, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (entry of places in which women are sexually intended) violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as “the Act”) in order to steals the appearance of women in the public toilets in Ulsan-gu B commercial building, Ulsan-gu, Seoul, and

Accordingly, the defendant invadeds on toilets used by many unspecified persons for the purpose of meeting his sexual desire.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as the “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) recorded the body of the victim C (the age of 24) with the Defendant’s cell phone installed on the Defendant’s mobile phone by using the bridge and tamp, etc. at the time and place specified in the said paragraph (1).

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame using mobile phone cameras against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographs of the place of crime, report on investigation (subject to digital forensic analysis), application of Acts and subordinate statutes to photographs;

1. Articles 14 (1) and 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the Defendant, who entered a female toilet, taken the appearance of female booming, is deemed to have a bad nature of the crime and a sense of shameing the victim’s humiliation.

Provided, That the circumstances in which the defendant did not have any criminal history.