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(영문) 서울서부지방법원 2018.07.13 2018고단1569
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. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into public use places for sexual purposes) Defendant was placed in front of a toilet for “D” building located in Eunpyeong-gu Seoul Metropolitan Government, on March 16, 2018, around 00:40, in front of the toilet for “D” in Eunpyeong-gu, Seoul, and filed a lawsuit against Defendant,

Using a mobile phone with a mobile phone, the purpose was to take a image of the victim E (V, 26 years old) in the front side of the female-use column.

Accordingly, the defendant invadeds on public use places such as toilets with a view to meeting his sexual desire.

2. The Defendant, using a mobile phone possessed at the time and place specified in paragraph (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), did not commit an attempted crime, even though the victim E (the age of 26) opened a video photographer and opened a cell phone above a melted screen, in order to take a melted image of the victim E (the age of 26) in order to take it back.

In addition, the Defendant: (a) taken or attempted to take photographs of the victims from the end of 2017 to the beginning of 2018, and the date and time set forth in paragraph (1) on six occasions at the places set forth in paragraph (1), such as the list of crimes in the attached list of crimes; (b) attempted to take photographs of the victims from the end of 2017 to the time set forth in paragraph (1)

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. Report on investigation (the moving pictures and photographs restored from the cell phone of the suspect), additional photographs, investigation reports (Attachment of site photographs), additional photographs, investigation reports (the photographs of the female who is not deemed to be melted by the victim), and the application of the Acts and subordinate statutes governing the crimes;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual 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 punishment of sexual crimes.

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