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(영문) 수원지방법원 성남지원 2018.09.21 2018고단1646

성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등

Text

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

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

Reasons

Punishment of the crime

On July 22, 2016, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) at the Seoul Central District Court on July 2, 2016, and completed the execution of the sentence at the female prison on April 22, 201

1. A violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into public use places for sexual purposes) committed on June 2, 2018 by the Defendant entering the said toilet to photograph the body of a person who is aware of melting the uriine by using a smartphone with inside the camera function, which was held in the D 2-C in Sungnam-gu, Sungnam-gu, Sungnam-si, in order to take advantage of a smartphone. 2. No person who violates the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (i.e., camera, etc.) shall take photographs of another person’s body, which may cause sexual humiliation or humiliation, using a camera or other devices equipped with similar functions, against his/her will.

Nevertheless, as described in paragraph (1) around June 19:47 around June 2, 2018, the Defendant entered the wall of the above male and female public toilets.

The victim E (20) who was melting a smartphone with the inner camera function under the partitions was tried to photograph the body of the victim E (20 o), which had been melted by the partitions, against the victim's will, but was attempted to take the body of the victim E (20 o).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Seizure records;

1. 112 Statement of report;

1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history, and each investigation reporting statute;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14 (1) (the attempted use of and photographing a camera, etc.) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the selection of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Punishment of sexual assault crimes committed to order;