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(영문) 서울서부지방법원 2020.02.28 2019고단4293
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. Around August 6, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influence in public places) invadedd to photograph female nationals who are able to take advantage of the Defendant’s mobile phone image photographing function in the second floor of the Seodaemun-gu Seoul Seodaemun-gu Women’s Toilets in the second floor of B building in Seodaemun-gu Seoul.

Accordingly, the defendant invadeds on female toilets to satisfy his sexual desire.

2. The Defendant, from around 20:14 on August 6, 2019 to around 21:30 on the same day, taken pictures of 22 victims, such as the victim C, victim D, victim E, victim F, and the victim F, from around November 2018 to August 6, 2019, using the Defendant’s mobile phone (gallonacea7) video function in the same place as that of paragraph (1) from around 20:14 to around 21:30 on August 6, 2019, taking pictures of 32 victims, including the victim C, victim D, victim E, victim F, and four victims in secret name in each side of both sides by using the cellular phone. However, in the case of the victim C, taking pictures of 22 victims, such as the victim’s clothes or flaps.

B. A photographed by video or photograph.

Accordingly, the defendant taken the body parts of the victims who could feel sexual humiliation against the victims' will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on C, E, G, H, I, D, and F;

1. Application of the Acts and subordinate statutes to investigation reports (The security of CCTV images, payment receipts and videos of the non-victims installed in B buildings at the place of criminal investigation);

1. Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (including the entry of places for sexual purpose by multiple number) with regard to criminal facts, and Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”). However, with respect to the crime committed once a year in the attached list of crimes, Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977

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