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(영문) 서울서부지방법원 2018.04.13 2017고단3279

건조물침입등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 15, 2017, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Kameras, etc.) entered a female-only toilet in order to take the image of women who are viewed as melting in Seoul Western-gu D, Seoul around 03:0, in order to take the image of women who are viewed as melting, the Defendant taken pictures of the victim E (the age of 18) who was off and reported as melting the front screen.

As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.

2. The Defendant intruded into the above women’s exclusive toilet against his/her will, for the purpose of photographing the women who see the sides, such as the date and time of paragraph (1), at the place, and as described in paragraph (1) 1.

Accordingly, the defendant intruded on the building managed by others.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 319(1) (a) of the Criminal Act and Article 319(1) of the Criminal Act concerning the crime, the selection of fines;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes against the crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes of which punishment is heavier (use and photographing, such as camera, etc.)];

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Unfavorable circumstances: A pipe of the fact that the nature of the crime was inferior to have been taken by intrusion into a female-only toilet at the night, and that the victim was a considerable fear of fear and sexual humiliation;