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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment 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 August 28, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into a public use place for sexual purposes) entered the toilet for the purpose of photographing women’s appearance, namely, “E” on the 1st floor of Seocho-gu Seoul Metropolitan Government D Building, and seeing melting a change from female toilets.
Accordingly, the defendant invadeds on toilets for the purpose of meeting his sexual desire.
2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.) the Defendant set up a screen picture between approximately 50 seconds using the cell camera function of the victim F (V, 20 years old), tampers, etc., who set aside from the side partitions of the female toilet, as described in paragraph (1), and tampers from the side partitions, and reported tampers, etc.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police with regard to F;
1. A photograph of a dynamic image closure;
1. A criminal investigation report (to take photographs of toilets) and entrance photographs of toilets;
1. The defendant asserts that the records of seizure [the defendant is only under the influence of alcohol at the time and wrong entrance into female toilets as to the facts constituting the crime stated in paragraph 1, and the defendant does not intrude into the toilets for the purpose of meeting the sexual desire at the time.
In full view of the following circumstances acknowledged by the evidence duly adopted and examined by this Court, the court had a purpose to satisfy the sexual desire at the time of the Defendant’s intrusion into the toilet:
may be inferred.
Since the defendant's assertion is not accepted.
The restaurant in this case seems to have separate male toilets and female toilets, and it was difficult to confuse them as the entrance doors are attached to one another.
In addition, the defendant was returning home at the time, and his change is coming.