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(영문) 창원지방법원 2018.05.10 2018고단560

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등

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 February 24, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) reported, around 17:22, 2018, the Defendant entered the second floor of women’s toilets of the building C in Kimhae-si in order to take a image to view women’s common use, and entered the second column of women’s toilets.

Accordingly, the defendant invadeds on women's toilets, which are public places, to achieve sexual goals.

2. On February 24, 2018, from around 17:22 to around 17:27, the Defendant taken a dynamic image image by four female members, including D (23 years old), who continued to enter the name unexplosion of a woman, by taking a clock in the same place as that of the preceding paragraph at the time from around 17:22 to around 17:27, where the Defendant took a clock and going up and opened his mobile phone camera on the ground of the column, and continuously enters after taking a clock of a female, including D (23 years old).

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.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the police seizure protocol statutes;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 (referring to taking photographs, such as a camera against the will), and the selection of fines, respectively;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) seems to be inadequate, and the victim suffered emotional distress.