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(영문) 인천지방법원 부천지원 2020.05.11 2019고단3635
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
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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 of the final judgment.

Reasons

Punishment of the crime

The defendant thought that the victim B (the age of 24) who is a marina employee was entering a female toilet with the marina employee, and the defendant thought that the victim B (the age of 24) was able to see the appearance of the victim in the future.

1. On September 17, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (entry in public places for sexual purpose) entered a female toilet located in Bupyeong-si C and one commercial building following the above B for the above purpose.

Accordingly, the defendant invadeds on toilets for the purpose of meeting his sexual desire.

2. 성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영) 피고인은 전항 기재 일시, 장소에서 피해자가 들어가 있는 용변칸 바로 옆 용변칸에 들어간 후 자신의 휴대폰의 카메라 기능을 켠 다음 칸막이 밑으로 밀어넣어 피해자가 용변 보는 모습을 동영상 촬영하였다.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Use of Cameras, etc., Selection of Imprisonment), and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Of 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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

The reason for sentencing is that the defendant reflects his mistake, and the victim does not want the punishment of the defendant.

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