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(영문) 수원지방법원 2015.09.24 2015고단3198

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 14, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Influence in public places) committed intrusion on public toilets with a view to taking pictures of women’s sexual humiliations from the first floor toilets of the building B in elicified B, with a view to satisfying their own sexual humiliations, in a way that they are able to take pictures of the appearance of women’s appearances, and enter them into public toilets with a view to satisfying their own sexual humiliations.

2. 성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수 피고인은 같은 날 03:30경 위 여자 화장실에서, 피해자 C(여, 22세)의 용변 보는 모습을 촬영할 것을 마음먹고 소지하고 있던 휴대전화의 동영상 촬영기능을 켠 후 휴대전화를 용변칸 위쪽으로 들어 올려 내부 모습을 촬영하려 하였으나 피해자에게 발각되어 그 뜻을 이루지 못하고 미수에 그쳤다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C;

1. Police seizure records;

1. Mobile phone photographs of the defendant;

1. Toilets photographs;

1. A photograph by cutting down the first floor CCTV images;

1. CCTV images CDs at the entrance of a toilet;

1. Application of Acts and subordinate statutes to the result report on the analysis of defendant mobile phone evidence

1. Relevant Article on criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 15 and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion into public places for sexual purposes), and the selection of fines, respectively;

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) 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. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration as stated in Article 334(1) of the Criminal Procedure Act, the Defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.