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(영문) 대구지방법원 서부지원 2019.07.11 2018고단2030
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

[Criminal Power] On April 17, 2019, the Defendant was sentenced to a suspended sentence of 4 months in Seoul Central District Court for larceny, etc. on April 17, 2019, and the said judgment became final and conclusive on April 25, 2019.

【Criminal Facts】

1. No person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall intrude into public use places, such as toilets, etc. used by many and unspecified persons for the purpose of meeting his/her sexual desire;

A. On June 9, 2018, at around 19:35, the Defendant intruded into a female toilet with a view to meeting the Defendant’s sexual desire by taking the female toilet in order to have the victim hear sound entering a female toilet and consider the victim’s appearance, etc. in a dynamic image, etc., in the first floor of the male toilet in Daegu-gu B building, Daegu-gu B, Daegu-gu, and in order to satisfy the Defendant’s sexual desire.

B. The Defendant above A.

On the same day, at around 19:43, the male toilet of the above building, the victim D was invaded into female toilets with a view to meeting the defendant's sexual desire by taking the female toilets for the purpose of hearing sound in women's toilets and taking the sides of the victim's image into video.

2. No person shall photograph another person's body against his/her will, using a camera, etc., which may cause sexual humiliation or sense of shame;

A. The defendant 1. A

In the time and place of the female toilet, the victim C (n'e, pseudonym) taken the image of the defendant's cell phone in a video image by raising the defendant's cell phone at the time and place.

B. The defendant 1.B.

At the time, at the location of the female toilet, the victim D (soever named) taken a dynamic image by raising the cell phone of the defendant at the time, at the location of the female toilet.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of each police statement concerning D (tentative name) and C (tentative name);

1. The police;

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