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(영문) 광주지방법원 해남지원 2018.05.03 2017고단453
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 12, 2017, the Defendant, around 15:09, intruded with women C’s public toilets of South and North Navy C, in a way that women would take a face-to-face string, with a phone-to-face string, and the Defendant took a video-to-face string of female women’s cabfs, where the name on which a cell phone was put under the bottom of the toilet screen and the name on which a cell phone was reported is not accurately known.

2. On October 14, 2017, from around 14:25 to 16:24, the Defendant: (a) 25 female 25 men, including the victim F (n, 46 years old) who had a cell phone in the toilet in Egymnasium D, with a view to having a cellphone seeing the sides of the female women in the Egymnasium, and intruded into the phone with a cell phone seeing the sides; and (b) the Defendant taken a dynamic image of 25 female women, such as the victim F (n, 46 years old) in which the toilet was reported

Accordingly, the defendant taken 27 times in total against his will the body of another person who could cause sexual humiliation or shame by using a mobile phone camera.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made to G, F, and H;

1. A protocol of seizure and a list of seizure;

1. A report on the results of a program for submitting smartphone evidence and a report on the results of digital evidence analysis;

1. Each internal investigation report and each investigation report;

1. Application of the Acts and subordinate statutes to photographs by capturing the video;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Specific Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and attendance order, Article 62-2 of the Criminal Act, the main sentence of Article 16 (2), Article 16 (4) and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 59 of the Act on the Protection, Observation, etc.;

1. The confiscation of personal information under Article 48(1)1 of the Criminal Act shall be each crime committed on the ruling that the person shall file for the registration and submission of personal information.

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