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(영문) 수원지방법원 성남지원 2016.07.05 2016고단891
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around November 27, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) came to a female toilet located in the third floor of the building located in the branch of Sung-nam-si, Sung-nam-si, Seoul, in order for women who have taken away from the room to cut away or photograph the string of the string, the Defendant opened a door to the nearest female string column at the entrance of the female toilet, and kept approximately 45 minutes from the time when the police officers who received a report around 11:30 on the same day were dispatched to the scene.

Accordingly, the Defendant intruded on female toilets, which are public places, with a view to meeting his sexual desire.

2. On November 27, 2015, the Defendant, at the same place as the victim C (n, 35 years of age) around November 11:21, 2015, opened the side partitions of the Defendant and opened the cell phone function of the phone camera of 6 mobile phones, and the Defendant, at the same time as the victim C (n, e.g., camera, 35 years of age), opened the cell phone function of the phone camera of 6 mobile phones, taken the image image of the victim, and the victim’s knife and knife the cell phone function of the cell phone.

Accordingly, the defendant taken the body of another person, which could cause sexual humiliation or shame, against his will, using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on seizure records and results of analysis of digital evidence;

1. Application of each statute on photographs;

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes (referring to taking photographs, such as a camera), and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (referring to intrusion upon a public place for sexual

1. Selection of each sentence of imprisonment;

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 stay of execution (see, e.g., reflective points, primary charges, and smoothly agreed with the victim);

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Order to attend a course;

1. Confiscation of the Criminal Act;

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