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(영문) 서울동부지방법원 2020.05.22 2019고단3956
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2, 2019, the Defendant: (a) around 21:30 on March 2, 2019, the Defendant installed a super-small camera in the pipe in a tent in order to photograph the appearance of women in which they are melting melting a melt, in order to view it as a melting side by entering the pipes of a male and female public toilet connected to the “C” restaurant that the Defendant was working by the Defendant in Seongdong-gu Seoul, and around that time, the Defendant tried to photograph the body parts of women who are seeing melting a brin in the toilet in the above super-small camera, but did not work properly the camera.

Accordingly, the Defendant attempted to take, against his will, another person’s body, which could cause sexual humiliation or shame by intrusion on toilets which are public use places, and using cameras, etc., intended to take, and attempted to take, other person’s body, which could cause sexual humiliation or shame.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal investigation (statements, site conditions, etc. of reference witnesses), investigation reports (specific places of work of the suspect), investigation reports (specific circumstances of the suspect);

1. Protocols of seizure and list of seizure (Evidence Nos. 9, 10);

1. Application of Acts and subordinate statutes to a criminal report (report on the storage of eight video images taken by a camera);

1. Relevant Article on the facts of crime, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 15 and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes ( point of intrusion into places for public use for sexual purposes), and the selection of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The defendant is finally and conclusively convicted of the criminal facts indicated in his/her duty to register personal information and submit such information under Article 48(1)1 of the Criminal Act.

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