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(영문) 수원지방법원 안산지원 2014.12.24 2014고단3017

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

At around 15:50 on October 17, 2014, the Defendant: (a) went to the female toilet of the first floor of Silung City, and was hidden in the inner column of the 1st century, and (b) the victim D (hereinafter referred to as 43 years old) confirmed that the victim D entered the next partitions in order to see the urine in order to see the urine, followed the urgical system, stolen the form of the victim who was seated in the urgical and reported the urgical urged, and taken a rae image using the mera function installed in the Defendant’s smartphone.

Accordingly, the defendant invadedd the victim's body at a public place for the purpose of meeting his sexual desire, and taken the victim's body against his will that could cause sexual humiliation or shame by using a camera.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

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

1. Relevant provisions 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, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines, respectively;

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

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

1. Article 16 (2) and (3) 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. Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification of personal information, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no disclosure or notification of personal information shall be made in consideration of the initial offender, family relationship, the outline, etc.

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is a case where the defendant taken a video image of female victims who intrudes into female toilets and make a report of melting them, and is still the victim.