beta
(영문) 의정부지방법원 2019.10.11 2019고단2856

성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등

Text

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

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

Reasons

Punishment of the crime

1. Around May 9, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Entry of Multitude) into the above toilets with an intention to satisfy his/her own sexual desire, such as entering the second column of the above public toilet for the purpose of photographing the appearance of unspecified women in the public toilets of the second floor of the C building in Namyang-si, Namyang-si.

2. 성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영) 피고인은 2019. 5. 9. 23:50경 위 공용화장실에서 피해자 (여, 25세)이 공용화장실 내 왼쪽 두 번째 칸으로 들어오자, 위 화장실 왼쪽 첫 번째 칸에서 피고인의 스마트폰 카메라 기능을 켠 후 한손으로 위 스마트폰을 든 채 손을 뻗어 카메라 렌즈가 피해자를 향하게 하여 피해자가 용변을 보고 있는 모습을 몰래 촬영하였다.

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. Defendant's legal statement;

1. Statement made by the police;

1. A written statement;

1. Seizure records;

1. Application of field photographs and the Acts and subordinate statutes to capture CCTVs;

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 (a point of intrusion into places for the Public Use of Sexual Crimes), and the selection of fines

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

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

1. Article 16 (2) and the main sentence of paragraph (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant enters a toilet for public use for sexual purposes.