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(영문) 수원지방법원 안산지원 2015.11.18 2015고단3216

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

1. On April 24, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Influence in public places) reported that the victim F, who was seated in next seat, was entering the toilet while working and drinking together at the 'E' point of the 'E' of the 1st floor of the D building located in Ansan-gu, Ansan-si, Masan-si, Masan-si, and Masan-si, and that the victim F, who was seated in next seat, was able to take the victim's cell with his/her cell phone and intruded into the toilet for men and women, who were in possession of

2. Although the Defendant took photographs of another person’s body, which may cause sexual humiliation or sense of shame, using machines and equipment having similar functions, such as a camera, etc. of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant attempted to take photographs of the victim who was in his possession of a mobile phone with the gap between the upper part of the space between the upper part of the space where the victim F is viewed as melting the roadside in the front part of the D Building in Ansan-si, Ansan-si, Ansan-si on April 24, 2015, and the victim attempted to take photographs of the victim who was in his possession of the mobile phone, but the victim was not able to bring the sounder’s intent, and attempted to do so even if the victim discovered the mobile phone, the Defendant attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and G by the police;

1. Application of the Acts and subordinate statutes to the scene of crime and seized articles;

1. Relevant Article on the facts of crime, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 15 and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (which means an indecent act at Open Place), and the selection of imprisonment with prison labor;

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

1. Article 62(1) of the Criminal Code of the Suspension of Execution (Article 62(1) of the Criminal Code (Article 62(1) of the Criminal Code provides that a person who has been sentenced to a fine of the same kind has no particular power to punish the defendant except once a fine is imposed on the defendant).