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(영문) 의정부지방법원 2018.04.12 2018고단665

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등

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A defendant shall be punished by imprisonment with prison labor for up to 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

1. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), had a woman’s toilet taken in a female toilet for the purpose of meeting his/her sexual desire, in order to photograph the appearance of female workers

On January 15, 2018, the Defendant entered the second floor of the commercial building located in B in both the cities of 12:13 and the second floor of the commercial building.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) activates the function of photographing camera images of the portable telephone (Evidence No. 1) held in advance at the time and place mentioned in the above paragraph (1), and attempted to photograph the victim C (V, 42 years old) who was in front of the above portable telephone camera by inserting the above portable telephone camera in a space below the screen, but did not discover the intent of the victim and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. On-site photographs;

1. Investigation report (to hear statements from the victim by telephone);

1. Investigation report (verification of the structure, etc. of women's toilets which are the place of occurrence of this case);

1. Application of present Acts and subordinate statutes under subparagraph 1 of this Article;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of Imprisonment with labor, respectively;

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. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The reason for sentencing under Article 48(1) of the Criminal Act is that the crime of this case is not less complicated in light of the content and risk of the crime of this case, the criminal records of the defendant's same kind of crime.

However, the defendant shows his attitude to see and reflect his mistake.

The defendant has been guilty of more than a fine.