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(영문) 서울남부지방법원 2019.10.11 2019고단4082
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

1. A defendant who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Entry of Multitude Space for Sexual Purpose) into a female toilet for the purpose of photographing a woman's appearance when he/she came to a fluence in a 180 emulsium underground as a new village in Mapo-gu Seoul, and the same year from that time;

2. From 15. 02:00 to 02:00, women toilets, which are multiple-use places, have intruded with a total of three times with a view to meeting sexual humiliations, as described in Appendix 1.

2. On January 5, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amerass, etc. of Sexual Crimes) taken pictures of the victim by putting the photographer of the mobile phone camera into the side partitions of the victim in order for the victim to take a image of melting the appearance of the female victim in his/her name in light of the trade name near the above Emeras Station around January 23:10, 2019.

2. From 02:00 to 02:00, the victims were exposed to 8 times in total, such as the attached list 2, using a mobile phone camera, and the following parts were taken.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of the photographic Acts and subordinate statutes to a written statement, a digital analysis and appraisal statement, a field photograph, or a closure of a crime;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Punishment, etc. of Specific Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion into places for the public use of sexual crimes), and the selection of imprisonment with prison labor;

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 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Special cases concerning the punishment, etc. of sexual assault crimes;

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