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(영문) 서울동부지방법원 2016.01.21 2015고단3351
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. Around 15:55 on April 21, 2015, the Defendant entered the second floor of the building B in Gangdong-gu Seoul Metropolitan Government with a cell phone of the Defendant inside the Kameras in order to take photographs of women who are considered to be boomed by using the cell phone of the Defendant, and entered the front section of women’s toilets.

Accordingly, the Defendant infringed on public toilets, which are public places, for the purpose of meeting his sexual desire.

2. Around April 21, 2015, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Cameras, etc.) taken pictures of the victim’s cell phone in the above female toilets, and the victim’s cell phone in the side cream, which the Defendant entered the victim C (the age of 35) with the victim’s cell, into the victim’s mobile phone, which the Defendant’s cell phone inside the camera, was closely sealed in a cresh space, and considered the boom.

In addition, from September 18, 2013 to April 21, 2015, the Defendant taken a photograph of the parts of the body and the breath of the victims who could cause sexual humiliation or sexual humiliation on 17 occasions, such as the written list of crimes, from around September 18, 2013 to April 21, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written statement of D and E;

1. A criminal investigation report (17 times a month), a criminal investigation report (the toilet of the M14 building), and a criminal investigation report (the victim telephone call);

1. A report on results of digital evidence analysis and a list of files;

1. Seizure records;

1. Application of the Acts and subordinate statutes on the screen of on-site photographs and the closure of each photographic video;

1. Article 14 (1) and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with labor, respectively, with respect to the crime;

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. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

1. Although the reasons for sentencing under Article 48(1)1 of the Criminal Code for forfeiture, the defendant does not have the same criminal record.

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