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(영문) 의정부지방법원 고양지원 2019.05.23 2019고단277
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[Criminal Power] On February 21, 2018, the Defendant was sentenced to one month of imprisonment with prison labor and ten months of imprisonment with prison labor for interference with business, etc. at the Daegu District Court on February 21, 2018, and completed the execution of the sentence at the Child Training Correctional Institution on October 31 of the

【Criminal Facts】

"2019 Highest 277"

1. Around 18:40 on January 23, 2019, the Defendant: (a) came to a female toilet with the second floor C 2 in Yongsan-gu, Yongsan-gu; (b) reported that the victim D (name, nine years of age, and female) entered the said female toilet; and (c) entered the victim following the victim; and (d) intruded into a public use place, such as a toilet, for the purpose of meeting his/her sexual desire, with his/her own sexual desire by taking advantage of the side partitions in which the victim entered.

2. 피고인은 제1항 기재 일시, 장소에서, 피해자가 있는 용변 칸 바로 옆 칸에서 피고인의 휴대전화 카메라를 켠 상태로 피해자의 용변 칸 칸막이 위로 밀어 넣어 피해자가 용변을 보는 모습을 동영상으로 촬영함으로써 카메라를 이용하여 성적 욕망 또는 수치심을 유발할 수 있는 사람의 신체를 그 의사에 반하여 촬영하였다.

3. On January 3, 2019, the Defendant: (a) around 13:30 on January 3, 2019, Yongsan-gu Seoul Yongsan-gu, Seoul, reported the victim’s name in front of a female toilet with F-5 floors in Yongsan-gu, Yongsan-gu, Seoul, to enter the toilet, and followed; (b) followed the victim’s name influences, and (c) followed the victim’s name influences adjacent to the available section.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of each police statement concerning D and G;

1. Each statement of H, I, and J;

1. A report on digital evidence analysis related to smartphones;

1. Records of seizure and the list of seizure;

1. Previous convictions as stated in the judgment: Criminal records, personal confinement status, investigation reports (Attachment of the same kind of judgment), court rulings (as soon as the accused has a intellectual disability (as Class III), but as crimes are committed by the accused.

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