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(영문) 수원지방법원안산지원 2020.08.26 2020고단1385
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
Text

A defendant shall be punished by imprisonment for six 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. Around November 30, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (entry in public places for sexual purpose) committed by women to steals the form of female toilets on the first floor, "C," which is located in Ansan-si, Ansan-si B, Ansan-si, with a view to stealing women.

Accordingly, the Defendant intruded on public use places used by many unspecified persons for the purpose of meeting his sexual desire.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) performed the function of photographing screen pictures of the Defendant’s smartphone (i.e., the Defendant’s smartphone7) located in the camera to take the form of the victim D (n.e., 28 years of age) with the time and place indicated in paragraph (1), and attempted to take pictures against his will of the victim’s body, which could cause sexual humiliation or sense of shame due to the gap of the screen floor in which the victim was tending to take smartphones, but the Defendant failed to take the victim’s body, which was likely to cause sexual humiliation or sense of shame due to the gap of the screen floor in which the victim was tending, but failed to take such intent.

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant;

1. Application of Acts and subordinate statutes on CCTV screen in front of a seizure record and a seizure list C toilet;

1. Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), Articles 15 and 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202), and the choice of imprisonment for each of the types of punishment

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. To judge that the confiscation is a sex offense subject to registration and submission of personal information under Article 48(1)1 of the Criminal Act;

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