Text
A defendant shall be punished by imprisonment for six months.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
On June 28, 2017, the Defendant was sentenced to a suspended sentence of 8 months for an indecent act committed by the Cheongju District Court, which became final and conclusive on July 6, 2017, and is currently under suspended sentence.
Criminal facts
On December 21, 2017, the Defendant, “2018 Highest 329, the Defendant, at around 19:00, intruded into the above toilet with a view to photographing the appearance of women in order to meet their sexual desire, and recorded the shape of the victim E (one’s name, and two’s name) by pushing the Defendant’s cell phone in the above toilet column with a view to melting the appearance of women in order to meet their sexual desire.
Accordingly, the Defendant infringed on the public use places such as toilets for the purpose of meeting his own sexual desire, and taken the body of another person, which may cause sexual humiliation or shame by using a mobile phone, against his will.
around 00:05 on April 1, 2018, the Defendant: (a) found the victim G’s “H hot spring management” located in Cheongwon-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do; and (b) discovered it from H hot spring staff members who discovered it to enter into the 200:05, the Defendant laid off a three-dimensional belt in the instant hot spring first-story male toilet from the wall, thereby cutting it up on the floor by gathering it into the wall.
Accordingly, the defendant damaged the property equivalent to KRW 100,000 of the market price of the victim management.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. A protocol of seizure and a list of seizure;
1. Stenographic records;
1. Video-recording CDs and photographs;
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of criminal suspect's suspended sentence and sexual record of the same kind of crime), and application of the judgment statutes;
1. Relevant Articles 14(1) and 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor, respectively, against criminal facts;
1. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code.