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(영문) 인천지방법원 2014.08.28 2014고단4388
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 18, 2014, the Defendant was sentenced to six months of imprisonment and two years of suspended execution to the Incheon District Court on the 25th of the same month.

1. Around April 19, 2014, the Defendant took photographs using the Defendant’s mobile phone image function on the first floor of the Gyeyang-gu Incheon Gyeyang-gu building, and the rear habition of the victim C (the age of 19 years) on three occasions, from which he/she gets fright, around 03:34 on April 19, 2014.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

2. Around April 19, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (including Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act on the Punishment, etc. of Sexual Crimes) on the Second Floor of Gyeyang-gu Incheon Gyeyang-gu Buildings B, Gyeyang-gu, Incheon, in order for the victim D (Woo, 29 years old) to take a melter image, the victim taken a photograph by exposing his hand from a toilet wall by using the defendant's mobile phone dynamic photographing function, and then the victim taken a slid back from a toilet wall to a slid back, and then the victim taken a slid back from the toilet wall.

Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire, and taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. C’s statement;

1. Seizure records;

1. Investigation report (No. 4, 9).

1. Previous convictions in judgment: Inquiries, references, reports on the results of confirmation before disposition, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

1. Taking pictures using relevant legal provisions concerning facts constituting an offense, and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Sexual Crimes, and Article 14 (1) camera, etc. of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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