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(영문) 서울서부지방법원 2015.04.08 2015고단39

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)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. On December 11, 2014, at around 13:59, the Defendant committed a crime against the victim’s name unclaimed boxes, and around 3:59, the Defendant intruded into a female-only public toilet, a public place, in order to take the image of women in a dynamic image, from a female toilet located underground in the Dongjak-gu Seoul Metropolitan Government Saero 310, in order to take the image of female-only public room, and taken the image of the victim through the above-mentioned toilet screen by using the galle-gu mobile phone camera shooting function of the Defendant’s toilet where the Defendant was in possession of the Defendant.

Accordingly, the Defendant intruded on public toilets for the purpose of meeting his sexual desire, and taken the body of another person who may cause a sense of sexual shame by using a camera against his will.

2. On December 11, 2014, the Defendant, at around 15:04, taken a photograph of the body of the victim by using the video recording function of the cell phone camera at the victim B (V, 32 years of age) who was suffering from the scam in the 200-ro Ba-ro 200-ro Ba-ro in the Mapo-gu Seoul Mapo-gu.

Accordingly, the defendant taken the body of another person, which could cause a sense of sexual shame by using a camera, against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. The result of the reproduction of cell phone crimes committed by this Court, video CDs by this Court;

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

1. Articles 12 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of each alternative fine for punishment;

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. The defendant becomes guilty of a sex offense subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.