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(영문) 수원지방법원 안산지원 2018.06.20 2018고단1189
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On April 6, 2018, the Defendant: (a) committed a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”); (b) went to the second floor of female toilets on the second floor of the said school through the after-school door in Ansan-si, E in order for female children to take a urinald image around April 11, 2018.

Accordingly, the Defendant infringed on public-use facilities used by unspecified persons for the purpose of meeting his sexual desire.

2. Around April 11, 2018, the Defendant, at the place specified in the above paragraph 1, and around April 11, 2018, the victim F (the victim, the 8 years old), entered the victim’s home page partitions, and activated the function of his cell phone screen image of the uriine, and the Defendant collected the above cell phone camera at a space below the screen, and taken a screen of the victim’s motion picture.

Accordingly, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G and F;

1. Answer of the results of analysis of seizure records, lists of seizure and digital evidence;

1. Application of the Acts and subordinate statutes to photographs of the defendant and his/her mobile phone, field pictures taken by police officers dispatched to the scene, routes in which the defendant intrudes, and field pictures

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 (referring to taking photographs using camera, etc. for sexual purposes) and the choice of imprisonment with prison labor;

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The reasons for sentencing under Article 48(1) of the Criminal Act are as follows, and the following circumstances and the defendant's seal.

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