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(영문) 서울서부지방법원 2014.11.26 2014고단2036

성폭력범죄의처벌등에관한특례법위반등

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. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. around May 7, 2014, the Defendant: (a) around May 21:58, 2014, entered a public toilet with smartphones in order to report the appearance of women infinite in front of the public toilets of male and female stores in Mapo-gu Seoul Metropolitan Government, into a toilet for the purpose of meeting their sexual desire by entering the toilet.

B. The Defendant, around 22:13 of the same day as Paragraph (a), entered a toilet before a toilet, and went into a public toilet with a smartphone for the purpose of meeting his sexual desire by entering the toilet with a view to photographing the appearance that E enters a toilet.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) tried to photograph the body of the victim against his/her will by inserting the body of the victim who is likely to cause sexual humiliation or sense of shame by inserting the body of the victim E in an sealed space under the following space, but did not go against his/her intention, at the same time and place as paragraph 1(b).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Police seizure records;

1. Investigation report (to reply to results of digital evidence analysis);

1. Application of Acts and subordinate statutes to screen screen pictures of field photographs and closure screen pictures, toilets with the first-half-story floor of the D main store building, and screen pictures for closures;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of attempted use of camera, etc. and the selection of fines);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.