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(영문) 인천지방법원 2020.11.18 2020고단7535
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
Text

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. On May 31, 2020, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (including entry of places in which sexual purpose public access) entered to take a cell phone camera with women who view to melting a change in the screen inside a female toilet in a building where there is a mutual key point of “C” located in Jung-gu Incheon Metropolitan City, Jung-gu.

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

2. The Defendant entered the same date, time, and place as mentioned in the foregoing paragraph 1. As seen, the Defendant: (a) performed the functions of the victim’s mobile phone (No. 1) with the victim’s cell phone (the victim’s name, leisure, 39 years old) as the side partitions; and (b) taken the victim’s cell phone (the victim’s cell phone No. 1) with the victim’s cell phone that the victim D (the victim’s name, leisure, 39 years old) went into the front partitions; and (c) taken the victim’s cell phone that the victim tried to look at the use.

Accordingly, the defendant taken the body of a person who may cause sexual humiliation or shame by using a camera against the victim's will.

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant;

1. Application of Acts and subordinate statutes to field photographs of E;

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 Selection of Imprisonment with prison labor;

1. From among 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, etc. of Order to attend lectures or Order to provide community service, Article 62-

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

1. The punishment, etc. of sexual crimes exempted from disclosure orders and notification orders;

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