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(영문) 부산지방법원 2018.02.22 2017고단5937

방실침입등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a part-time at a restaurant B located in B, and the victim D (n, 24 years old) is the first space in the F toilet located in Busan Jin-gu E.

1. Around 20:30 on June 13, 2017, the Defendant intruded into the entrance door to take a photograph by using a mobile phone camera with the view to seeing the victim’s visible day in the F main toilet located in Busan, Busan, Busan, on the part of the Defendant. On the same date and at the same place as the foregoing paragraph (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), the Defendant tried to take a photograph of the victim using the above space crepit of the toilet’s cell function, but the Defendant did not discover the victim’s cell image and did not bring about an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 319(1) of the Criminal Act applicable to the crime, Article 319(1) of the same Act, Articles 15 and 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the attempted use and photographing of cameras, etc.), the selection of each fine for the crime;

2. Punishment of attempted crimes under Articles 25 (2) and 55 (1) 6 of the Criminal Act (limited to the attempted crimes, such as a camera, etc.).

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

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

5. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which has completed a sexual assault treatment program;

6. Comprehensively taking account of various circumstances such as the Defendant’s age, occupation, family environment, social ties, criminal record, and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, and disadvantages and side effects therefrom, etc.