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(영문) 서울중앙지방법원 2018.10.18 2018고단4201
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around February 22, 2018, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into public use places for sexual purposes) went into the Defendant’s mobile phone with the Defendant’s mobile phone with the camera function while the Defendant passed the first underground floor of subway F Station F Station in Gangnam-gu Seoul, Gangnam-gu, Seoul around February 23:2, 2018 and went into the female toilet.

Accordingly, the defendant invadeds on toilets for the purpose of meeting his sexual desire.

2. On February 22, 2018, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Cameras, etc.) entered the same place as the preceding paragraph on February 22, 2018, and was waiting for women to enter the victim G (V, 22 years old) and the sound entering this side column of the mobile phone with the camera function in which the Defendant was holding, taken the image of the victim, and then taken the image of the victim, who reported the melting side.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mobile phone with the camera function against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Police seizure records and list of seizure;

1. 112 Notification to the department related to the reported case; and

1. A criminal investigation report (verification of images stored in a cellular phone of the suspect);

1. Investigation report (on-site investigation into F toilets);

1. Investigation reports (applicable to the Act and subordinate statutes, such as subway toilets and video screen reading);

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence Crimes (a point of intrusion into places for public use of sexual purposes), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc.

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 suspended execution;

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

1. Confiscation Article 48(1)1 of the Criminal Act No. 1.

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