beta
(영문) 수원지방법원 안산지원 2018.05.30 2018고단1065

건조물침입등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On October 31, 2017, the Defendant intruded into a structure with a view to taking a studio against unspecified women into his/her smartphone in a female toilet of the Da 1st floor, Ansan-si, Masan-si, Seoul-si, for the purpose of taking the studio against unspecified women.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.) the Defendant, like the preceding paragraph, concealed his/her smartphones in the side change column in which the victim E enters, as seen in the preceding paragraph, was discovered of a bid or an attempted victim to photograph his/her smartphones in the upper part of the side column in which the victim E enters.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F preparation;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the occupation of intrusion on buildings), Articles 15 and 14(1) (the occupation of attempted use, photographing, such as cameras) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the selection of fines for each crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 48 (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 and submission of personal information under 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, and is obligated to provide personal information to the competent agency pursuant to Article 43 of the same Act.

The age, occupation, family relationship, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, and the sexual crime subject to registration which may be achieved due to such order.