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(영문) 서울남부지방법원 2016.12.09 2015고단3861
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

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

1. On June 20, 2015, the Defendant entering a building: (a) around 23:00, the Defendant reported that D (n, 21 years of age) in front of Gangseo-gu Seoul Metropolitan Government C building entered a female toilet; (b) entered a female toilet according to the foregoing D to take a studio to view D as a tile; and (c) intruded the structure under his/her control against the will of the manager of the toilets of the said C building.

2. Despite the fact that the Defendant took photographs of another person’s body, which may cause sexual humiliation or sense of shame, using mechanical devices having similar functions, such as a camera, etc. of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases”), the Defendant attempted to take photographs of the victim’s body at the same time and at the same place in the same time as the above, the Defendant attempted to take photographs of the victim’s body, in which the victim D (the age of 21) is viewed as melting the victim’s cell camera in the front space, and did not take the victim’s body, and did not take the victim’s body, and did not take the victim’s body, by inserting the victim’s cell camera in the front space.

Summary of Evidence

1. Legal statement of witness D;

1. Protocol of examination of a witness E;

1. Results of viewing video CD reproduction;

1. Each police statement made to D or F;

1. Investigation report (a CCTV analysis for specifying a suspect in a lump sum);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act with regard to the crime, the choice of punishment, and Articles 15 and 14 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the occupation of attempted crimes using camera, etc. and the selection of imprisonment with prison labor);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The crime of this case on the grounds of sentencing of Article 48(1) of the Criminal Act is intended to take the form of the victim’s appearance by the Defendant’s intrusion into female toilets.

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