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(영문) 수원지방법원 성남지원 2020.06.05 2020고단834
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall intrude into any public use place used by many and unspecified persons, such as toilets, bath rooms, bathing rooms or shoots, breast-feeding facilities, and escape rooms, for the purpose of meeting his/her own sexual desire, and take photographs of the body of a person who may cause sexual humiliation or sense of shame against his/her will using a camera or other similar mechanism.

On August 12, 2019, at around 18:14, the Defendant intruded into the above escape room in order to escape from the cell phone or to photograph the body of a man who saves the shower in the 16th floor of the building B in Sungnam-gu, Sungnam-si.

The Defendant continued to enter the above escape room and set his cell phone (LM-X510S) on the top of the front line of the escape room, and then taken or attempted to take the victim’s body in the absence of identity as a motion picture from June 2019 to August 18, 2019, including taking the victim’s body in the face of his body, such as the list of crimes in attached Form, into the front line of the victim’s cell phone (LM-X510S).

Accordingly, the Defendant invaded into a public use room for the purpose of meeting his sexual desire, and took or attempted the body of the victims who could cause sexual humiliation or shame against the victims’ will.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to digital evidence analysis, replies, official notices and reports on site pictures (digital evidence analysis replys and discovery of female crimes);

1. Article 12 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) shall apply to the relevant criminal facts and the selection of punishment.

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