beta
(영문) 서울남부지방법원 2020.01.22 2019고단2166

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On March 8, 2019, at around 09:17, the Defendant was in the second female toilets of Gangseo-gu Seoul Metropolitan Government building B, and entered the first column of the above toilet with the intent to take the image of women’s melting the mobile phone in hand, and then tried to see the Defendant’s cell phone image using the Defendant’s mobile phone function as the camera, while the Defendant was not aware of the victim’s scam and did not form the intent.

Accordingly, the Defendant attempted to take the body of the victim who could intrude into toilets for the purpose of meeting his sexual desire, and cause sexual humiliation or shame by using a camera, against his will, and attempted to take the body of the victim against his will.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. C’s statement;

1. Voluntary report;

1. Investigative reports (attached Table 112 for handling reported cases);

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment of digital siren response materials);

1. Relevant Article on the facts of crime, 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 (which means an attempted use of and photographing a camera, etc.), and the choice of fines;

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

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

1. Judgment on the assertion of the defendant and defense counsel under Article 186(1) of the Criminal Procedure Act that bear litigation costs

1. The summary of the assertion is that there are many people in the male toilets of the instant building, using female toilets, not having entered female toilets for sexual purposes, and the victim taken the rest of the toilet floor.