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(영문) 서울동부지방법원 2012.11.29 2012고정2851

주거침입등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Criminal facts

Defendant

A as a member of the company that is attending the LAB, a victim D (year 26) who was in another training course has been trained by the Institute for the Development of Human Resources in Gyeonggi-gun, which was in a business-level, and became interested in the other training course. A

At around 08:05 on September 15, 2012, the Defendant observed the victim's entry into a female toilet at the third floor of the Human Resources Development Institute of Korea (ju), which is located in Gyeonggi-gun C, and went into the residence with the victim's mind to photograph the victim's image into a mobile phone camera, and intrudes the victim's appearance into the residence.

B. At the same time and time as “A” of the same violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “A”), the Defendant sought to convert the Defendant’s cell phone into a camera, and make a photograph by pressing the photographer’s hand with a locker, but the victim discovered such act was committed an attempted to escape from the part of the arm’s length.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 14 and 13 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes (the occupation of attempted use and photographing of camera lights), Article 319 (1) of the Criminal Act 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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