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(영문) 서울남부지방법원 2018.07.25 2018고단1830
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

A defendant shall be punished by imprisonment for 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

1. Around April 4, 2018, 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”) invaded on a female 2nd floor underground in Yeongdeungpo-gu Seoul Metropolitan Government, with a view to satisfy his/her sexual desire in the first column of the female toilet located underground in Yeongdeungpo-gu Seoul Metropolitan Government.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.) the Defendant, at the time and place specified in paragraph 1, took a photograph of the victim D (V, 23 years of age) by inserting his cell cameras under the toilet, and putting them into his cell phone cameras, and putting them into the victim D (V, 23 years of age).

Accordingly, the defendant taken a photograph of the victim's body against the victim's will that could cause sexual humiliation or shame by using a camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the submission of evidentiary videos);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Influences into public places for sexual purposes, Selection of imprisonment), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Influences, such as cameras, and Selection 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) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service or attend lectures;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The punishment shall be determined as ordered in consideration of the circumstances below the grounds for sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and other conditions of sentencing under Article 51 of the Criminal Act, such as the age, sex, environment, etc. of the defendant;

- The defendant's mistake is against himself and the victim does not want to punish the defendant. - The defendant has the history of being sentenced to a fine for the same crime. The registration and submission of personal information shall be submitted.

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