Text
A defendant shall be punished by imprisonment for not less than eight 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. On April 18, 2019, around 13:40 on April 18, 2019, the Defendant violated the Act on the Punishment, etc. of Sexual Crimes (entry in a place for sexual purpose) committed intrusion on the said female toilet with a view to making women see that the victim D (V, 28 years old) entered a female toilet in the front corridor of the male toilet located in the Namnam-gun Undong-gun, Chungcheongnam-gun, Seoul, and that female she entered the said female
Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.
2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) did not capture the victim’s cell phone by setting the cell phone into the toilet gate, but did not capture it to the victim, following the victim D (at the age of 28) entering the female toilet at the aforementioned time and place.
Accordingly, the defendant tried to take the body of the victim who could cause sexual humiliation or shame by using a mobile phone against his will but attempted to take the body of the victim against his will.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Police seizure records;
1. Reports on internal investigation (Attachment of photographs on the site of a case) - nine copies of the site photographs;
1. On-site report (the specific circumstances of the suspect) - Application of the Act and subordinate statutes on screen pictures by capturing CCTV images, CDs, video images, etc.
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 15 and 14 (1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of attempted use and photographing of Cameras), Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion upon places for
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. Probation under Article 62-2 of the Criminal Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;
1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;
1. Confiscation Article 48(1) of the Criminal Act