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(영문) 인천지방법원 2021.01.27 2020고단9881
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On July 21, 2018, at around 22:26, the Defendant had been able to take the image of inserting machinery into his port in the D male toilet in the Namdong-gu Incheon Metropolitan City, D, D, and entered the above toilet.

Defendant 1, with the intent of escaping from the above toilets, set up his sexual organ in front of the toilet screen and set up a cell phone on the toilet floor to show his/her resistance and sexual intercourse, and taken up from that time to June 2, 2020, he/she intruded into public toilets, players, etc. over 33 occasions, such as the list of crimes in the attached Table, and taken a photograph of his/her sexual organ and an obscene act in a public use place used by unspecified majority for the purpose of meeting his/her sexual desire.

Summary of Evidence

1. Statement E prepared by the defendant in court;

1. Application of the statutes on the scene photographs and photographs of each crime scene;

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), Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202), Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264), Article 245 of each Criminal Act, and each choice of imprisonment

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16(2) main sentence of Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 59-3(1) and (2) of the Welfare of Disabled Persons Act, Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Disclosure Orders and Notice Orders, the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1045, May 19, 2020).

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