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(영문) 서울남부지방법원 2019.09.18 2019고단3320
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 19, 2019, at around 22:45, the Defendant opened and intruded the entrance door of women's toilets located in Yeongdeungpo-gu Seoul Metropolitan Government for the purpose of photographing women's melting the appearance of women's melting at the second floor of women's toilets, and the Defendant did not come to the wind that the victim C (e.g., the age 22) opened the front section of the use side column of the victim's cell camera in order to take a melting the appearance of melting the melting of the melting body of the mobile phone, and opened the photographer of the mobile phone, and opened the victim's cell door and opened the victim's cell, and did not come to the wind that the victim s

Accordingly, in order to achieve sexual objectives, the Defendant attempted to intrude the female toilets, which are public use places, and to take the body of the victim who could cause sexual humiliation or shame by using the camera, against his will, and attempted to take the victim's body against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Sexual Crimes, Article 15 and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes ( point of intrusion into places for public use of sexual crimes for sexual purposes), the selection of imprisonment with prison labor;

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. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

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

1. The punishment shall be determined as ordered by taking into account the following circumstances, including the Defendant’s age, character and conduct, family environment, etc., for the reason of sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and Article 59-3(1) of the Welfare of Persons with Disabilities

The crime of this case enters female toilets used by many unspecified persons.

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