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A defendant shall be punished by imprisonment for six months.
The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
1. The Defendant, around September 21, 2019, entered a place for sexual purpose in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, went to the third string column in the above toilets in order to take the image of women in a 2nd female toilet in Nam-gu Incheon, Nam-gu, Incheon.
Accordingly, the Defendant infringed on women's toilets, which are public use places, for the purpose of meeting his sexual desire.
2. The Defendant attempted to commit an attempted crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, Use and Screening of Cameras) at the time and place specified in paragraph (1) above, and the victim C (at the age of 33) entered the above female toilets 2nd female toilets, operated the defendant's mobile camera function to see the tiltile, and tried to collect and photograph a cell phone with low partitions, but failed to commit an attempted crime at the wind that is discovered by the victim.
Accordingly, the defendant tried to take the body of a person who may cause sexual humiliation or shame against the victim's will, but attempted to take the body of the person against the victim's will.
Summary of Evidence
1. Statement C of the defendant's legal statement, police records, on-site photographs of the seizure list, and list of reported cases of 112;
1. Application of the laws and subordinate statutes of the report of accrual, report of internal investigation (No. 3,7), criminal place, investigation report (No. 9,15,21)
1. Relevant legal provisions on criminal facts, Articles 15 and 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17086 of Mar. 24, 2020), Article 12 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) (amended by Act No. 17264 of May 19, 202), and each choice of imprisonment with labor
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. An order to restrict employment of children or juveniles;