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(영문) 서울남부지방법원 2018.12.14 2018고단3698
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Around July 13, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into public use places for sexual purposes) invaded with the purpose of photographing a woman who is considered to be melting in a 2nd female toilet at the Geumcheon-gu Seoul Metropolitan Government building A, with a cell phone around July 13, 2018.

Accordingly, the defendant invadeds on toilets used by many unspecified persons for the purpose of meeting his sexual desire.

2. On the date and time set forth in paragraph 1, the Defendant taken the form of the Victim F (21 years old), a victim F, who is reporting a b612 of a phone 7 mobile phone (Evidence No. 1) owned by the Defendant, in the third side of the female toilet of the building A, Geumcheon-gu Seoul, Seoul, took the shape of the victim E, namely, the victim F (M, No. 21 years old).

The Defendant continued to put the cell phone camera under the column of his own cell phone door, and taken the body of the victim's body with the black fluort in front of the three pages.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame due to mobile phone camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and G;

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 (a point of photographing a camera) and the choice of imprisonment with prison labor;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act include: (a) the method and content of the instant crime on the grounds of sentencing; (b) the agreement with the victim; (c) the Defendant is against the victim; and (d) the fact that there is no record of domestic criminal punishment; and (c) the Defendant’s seal.

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