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(영문) 수원지방법원 2021.01.21 2020고단6877
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around June 7, 2020, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into public use places for sexual purposes) invaded into public use places used by many and unspecified persons for the purpose of meeting sexual desire by putting in the rooms of women's toilets on the second floor of the Osan-si B building B, Osan-si, B on June 7, 2020.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Camera, etc.) the Defendant, at the time and place specified in paragraph 1, carried out the functions of the screen pictures of a smartphone camera in which the victim C (the victim, 16 years of age, 16 years of age) enters his/her side side screen, and stored below the side side screen, and taken the knee of the victim’s knee and clothes up to knee, and taken the side screen with the screen image.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the cellular phone which has a function similar to the camera, against his will.

Summary of Evidence

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Intrusion into a public use place for sexual purposes: Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

(b) Taking pictures by using cameras, etc.: Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Optional to imprisonment);

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. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order for disclosure, a notification order, and an employment restriction order, the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1) of the Welfare of Persons with Disabilities Act, the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (the Defendant has no record of being punished for a sex offense, and the Defendant’s order to give an instruction to treat sexual assault is also limited

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