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(영문) 서울남부지방법원 2015.09.04 2015고단2723
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 one year from the date of the final judgment.

Reasons

Punishment of the crime

1. Around June 12, 2015, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Influence into public places) committed an intrusion on a toilet with a view to satisfy the Defendant’s sexual desire by entering a female toilet according to the victim in order to take a photograph of the victim’s appearance in the sixth female toilets in the Yeongdeungpo-gu Seoul Metropolitan Government building C, and the victim B (influence, 24 years old) entering the toilet.

2. The Defendant took photographs of another person’s body against his will, at the same time and at the same place, of the same time, from the body of the victim’s cell phone to the victim’s side partitions, using the camera function, in which the victim’s cell phone is seen as being melted by the victim, and which might cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Police seizure records;

1. Photographs of the scene of the case and photographs of victims;

1. Application of the Acts and subordinate statutes to the investigation report (the result of siren appraisal);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The application for compensation order under Articles 32(1)1 and (2), and 26(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation, may be filed with the court in which the case is pending before the court of first instance renders pleadings. The order for compensation of this case is recorded in the record that it was filed on August 20, 2015, which is after the closing of argument.

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