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(영문) 의정부지방법원 고양지원 2019.10.22 2019고단1517
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
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A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. On April 12, 2019, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (including entry of places in which sexual purpose public access) entered into a female toilet with the third floor of the Goyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, in order to take a lusium for women’s toilets to take a lusium, and entered a total of four times from that time until April 28, 2019, as stated in the list of crimes in the attached Table.

Accordingly, the defendant invadeds on female toilets to satisfy his sexual desire.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) taken four times in total from that time to April 28, 2019 by inserting cell phones from the cell phone screen to the upper part of the victim’s name by inserting cell phone to the upper part, using the mobile phone camera screen function, as described in paragraph (1), at the time and place set forth in paragraph (1).

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning C (tentative name);

1. Investigation report (Details of response to digital siren);

1. Seizure records;

1. Application of Acts and subordinate statutes on seizure lists;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Punishment, 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 for the public use of sexual crimes), and 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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Confiscation Article 48 of the Criminal Act

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