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(영문) 서울서부지방법원 2020.11.25 2020고단2899
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 three years from the date of the final judgment.

Reasons

Punishment of the crime

On May 28, 2020, the Defendant was “C Park” located in Mapo-gu Seoul Metropolitan Government on May 03:45, 2020, and the victim D (the age of 30) went into a female toilet, and invaded into a female toilet, and the victim was able to take the form of melting the melting body of the victim, opened a female toilet, opened a female toilet, and opened a victim’s screen, and screened the victim with the upper part of the space, using the galleno Nono-9 smartphone, which the Defendant was in possession of, inter alia, the victim was able to see the melting body of the victim.

Accordingly, the Defendant infringed on the public use place used by unspecified persons for the purpose of meeting sexual desire, and taken the body of the victim who could cause sexual humiliation or shame by using a camera against his will.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Written statements;

1. 112 reported case handling table;

1. To make a report on internal investigation into witnesses;

1. Report on internal investigation (verification of a person for reference) and black stay images;

1. A report on the result of identification;

1. A report on internal investigation (the confirmation of CCTV 435 images);

1. A report on internal investigation (on-site CCTV images search);

1. A report on investigation (a photographic photograph of a suspect);

1. Protocols of seizure, list of seizure, and photographs of seized articles;

1. Application of Acts and subordinate statutes, such as a criminal investigation report (exploring relevant electronic information and issuing a detailed list of electronic information), and a written confirmation;

1. Article 12 and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes (the point of entering a public place) and the selection of imprisonment with prison labor for the 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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

1. Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restrictions;

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