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(영문) 전주지방법원 2016.02.17 2015고단2267

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. From May 18, 2015 to that time, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), around 10:30 on June 23, 2015, the Defendant intruded into public toilets on seven occasions in total, such as a list of crimes (1) in attached Table 2015, in a total of seven occasions, by taking off women who are viewed as being melted in the 4th female toilets of Seongbuk-gu Seoul, Seongbuk-gu, Seoul, for the purpose of meeting their sexual desire.

2. Around June 10, 2015, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (i.e., cameras, etc.) deleted the body part of the victim, which could cause sexual humiliation, from May 18, 2015 to that of the Si in accordance with the attached Table No. 1 to 3,5, 7, 8, 10, 11, 13, 16, 17, 19, 19, 21, 23, 16, 24, 205, 16, 205, 23, and 1 to 3,5,5, 8, 10, 10, 14, 16, 17, 19, 21, 21, 231, 200, 24, 21, 23, 200

In a total of 15 times, 15 victims were taken.

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 for E;

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

1. Each investigation report and accompanying documents;

1. Results of restoration, application of Acts and subordinate statutes;

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 (referring to taking photographs using cameras, etc.) and the selection of imprisonment with labor for each of the following categories:

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The surveillance and observation of protection, the order to provide community service and the punishment of sexual crimes committed;