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(영문) 인천지방법원 2019.09.04 2019고단2424
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. Around February 20, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Influence into public places) violated the Act on the Punishment, etc. of Sexual Crimes (influence into public places) committed an intrusion into the above female toilet with a view to reporting the appearance of women (influence, 40 years of age) entering the public toilets for women on the first floor of the building in Dongdaemun-gu Incheon Metropolitan City, Nam-gu,

Accordingly, the defendant invadeds on public places 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. of Sexual Crimes”) taken pictures of the victim C (or 40 years of age) at each time and place set forth in paragraph (1) by operating the recording function of smartphones possessed by the Defendant following the victim C, and the victim was able to see the image of the victim in a way that the toilet partitions is sealed with the above.

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written laws and regulations

1. Relevant Articles on criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Sexual Crimes, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of taking photographs against a doctor and the choice of imprisonment);

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes above)

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

1. Where a judgment on the registration and submission of personal information under the main sentence of 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), the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities becomes final and conclusive;

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