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(영문) 청주지방법원 2019.09.05 2019고단1323
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
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A defendant shall be punished by imprisonment for not less than eight 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

1. Around May 15, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Entry into a public place for sexual purpose) into a female toilet in a commercial convenience store B located in Cheongju-gu, Young-gu, Chungcheongnam-gu, Cheongju-si, and the Defendant intruded the cell phone with the cell phone to take a dynamic image in order for women to take a dynamic image.

Accordingly, the defendant invadeds on public use places such as toilets with a view to meeting his sexual desire.

2. 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”) (hereinafter “Ameras, etc.”) came from the date and time, the place, and the front section of the space where D (a 18 years of age) entered the front section. While the Defendant’s Samsungphone, which was installed in the camera function, focuses on the Defendant’s Samsungphone, in order to photograph the Defendant’s body with the upper part of the body of the victim, who is in the inner part of the body of the Defendant, to be melted with the upper part of the front section, the Defendant did not know the victim, and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. The application of Acts and subordinate statutes to a field photograph, a suspect Handphone taken at the scene, and the structure of the victim’s place;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14 (1) ( point of attempted use and photographing of camera, etc.), 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;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Courses;

1. An order of disclosure, notification and employment restriction, each exemption from such order, shall be punished;

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