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(영문) 울산지방법원 2017.09.14 2017고단2378

건조물침입등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 24, 2017, the Defendant intruded into the above toilets to photograph female pictures using a camera in a female toilet with C floor D in Yangsan-si, Yangsan-si.

2. In cases of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing, such as camera, etc.), the defendant enter a female toilet at the time and place specified in paragraph (1) of the facts charged, as described in paragraph (1) of the

During the time when the victim E (V, 19 years of age) entered the left toilets, and took a video image of the victim who could cause a sense of sexual shame against the victim's will by using the cell phone camera.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on results of digital evidence analysis;

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

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

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

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

1. For the reason of sentencing under Article 48(1) of the Confiscation Criminal Act, the Defendant intrudes into a female toilet, thereby making a woman booming. As such, the victim seems to have suffered considerable mental impulse and sexual humiliation. The act of taking pictures using smartphones, etc. can be the subject of another person’s sexual desire at ordinary times, and even bring about ordinary fears and fears that the images may spread to the general public, and thus, the need to punish such social harm is disadvantageous.

The defendant seems to have a profoundly reflected attitude in committing the crime, and before this case.