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(영문) 서울서부지방법원 2016.09.23 2015고단3167
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That 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. Intrusion into a room;

A. On July 18, 2015, around 21:11, the Defendant entered the main point of “G” operated by the Victim F in Mapo-gu Seoul Mapo-gu Seoul E 1st floor in order to photograph the appearance of women in which women report their meltion.

B. On July 25, 2015, the Defendant entered the same place with the same purpose and entered the public toilet for men and women for the same purpose.

Accordingly, the defendant invadeds on the room possessed by others.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. The Defendant: (a) installed the USB-type camera at the time and place specified in paragraph (1) above; and (b) taken the body of the above victim F (29 years old); (c) eight female victims infinite name; and (d) two male victims in name infinite name.

B. At the time and place specified in Paragraph 1(b) above, the Defendant installed an USB-type camera at the time and place, and taken the body of the Victim F (n.e., 29 years of age) who was melted at that place.

Accordingly, the suspect taken the body of the other person who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. A written statement;

1. Seized USB-type camera (Evidence 1);

1. Application of the video-related Acts and subordinate statutes recorded in the CD (Evidence No. 50)

1. Relevant provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion by rooms), Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of taking photographs, such as camera, etc.) and the choice of imprisonment with prison labor, respectively;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., conditions favorable to the following reasons for sentencing):

4. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

5. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Unfavorable circumstances: It is difficult to use methods such as photographing a camera in a toilet, etc., in an unspecified manner;

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