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(영문) 부산지방법원 동부지원 2018.11.21 2018고단1470
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around June 27, 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”) came to the front of a female toilet located in the fourth floor of Busan Maritime Transport Daegu D, Busan Do, and entered the front of the female toilet. In order for women using the above toilets using the Defendant’s mobile phone image function to take a melted image.

In addition, the Defendant intruded into public use places, such as toilets, etc., used by many unspecified persons for the purpose of meeting his sexual desire over five times in total, such as a list of crimes (1).

2. A defendant who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing, such as a camera, etc.) shall sit the defendant in the date and place specified in paragraph (1) and in the victim E (age 21).

용변 칸 옆 칸으로 들어오자, 피고인의 휴대전화 동영상 기능을 켠 다음 이를 화장실 칸막이 아래로 넣어 피해자가 옷을 벗고 용변을 보는 모습을 촬영하였다.

In addition, the Defendant taken the body of another person against his will, using devices with a total of five times, such as a camera or other similar function, which may cause sexual humiliation or shame, such as a list of crimes (2).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of on-site photographs, records of seizure, lists of seizure, reports on the results of analysis of digital evidence, and Acts and subordinate statutes on closure photographs;

1. Relevant legal provisions and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Specific Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion into places used for public use for sexual purposes), and the choice of imprisonment with prison labor, respectively;

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. Punishment, etc. of orders to attend lectures and orders to provide community service sexual crimes;

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