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(영문) 서울중앙지방법원 2019.09.20 2019고단4440
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:55 on October 20, 2018, the Defendant: (a) fluencing women in women’s toilets using mobile phones; (b) fluencing them into the female toilets of the second floor of the Gangnam-gu Seoul Metropolitan Government building B, Seoul; and (c) flucing them into the lower part of the blocking prevention, where female victims suffered from combustibilitys, and flucing them into the lower part of the blocking prevention; and (d) flucing them into their cell cameras for about 10 seconds, the Defendant taken a video image for about 10 seconds, where female victims C (the age of 17) were flucated and fluencing them, and then the victim C (the age of 17) tried to get off and flucing them back with the lower part of the blocking the flucing body, and tried to gather them into the victim’s cell camera, and flucing it as it is.

Accordingly, the Defendant infringed on a female toilet, which is a public use place, for the purpose of meeting his sexual desire, taken and attempted to take the body of another person against his will, which could cause sexual humiliation or shame by using a camera, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and C;

1. Records of seizure and the list of seizure;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 15977, Dec. 18, 2018; hereinafter the same shall apply), Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Occupancy of attempted use, photographing, and photographing of camera, etc.), Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Entry into Public Places for Sexual Purpose), the choice of imprisonment

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;

1. Article 16 (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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