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(영문) 전주지방법원 2014.03.04 2013고단2596

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Criminal facts

1. Around November 14, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Influence of public places for sexual purpose) reported that the victim E (influence, age 18) opened an entrance at a female toilet installed therein and entered the entrance therein for the purpose of meeting his/her sexual desire on the fourth floor of the D building in the front city of 15:00 on Nov. 14, 2013, and then the victim invadedd the victim by the side partitions in which the victim reported his/her defense.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) taken photographs against his/her will, at the time and place specified in paragraph (1), of the victim’s body, who entered the toilets adjacent to the toilets wherein the victim E (or 18 years of age) enters the toilets, and was exposed to the urinals, using the camera buried in the cell phone on the head of the victim’s cell phone, which could cause sexual humiliation or sense of shame;

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. The application of police seizure records, lists and evidential materials attached thereto, and video Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting the crime, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the act of intrusion into public places for sexual purposes), the selection of fines (the act of taking pictures using camera, etc.) and the selection of fines (the act of taking pictures by using camera, etc.) (the act of taking pictures by the defendant who has led to the crime in this case when the defendant led to the crime in this case; the act of taking pictures by the defendant is against the depth while the victim

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. A judgment that constitutes a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act.