beta
(영문) 광주지방법원 2017.06.16 2017고단1294

성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On December 24, 2016, the Defendant intruded into a second-story female toilet with a view to stealing the appearance of melting women in DPCs located in B around 16:32 on December 24, 2016.

From January 1, 2017 to January 19:05, the Defendant intruded into the structure that he manages against the will of the manager of the above female toilet on five occasions in total, as shown in the list of crimes attached hereto.

2. Around January 1, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Cameras, etc.) went into the above female toilets on January 1, 2017, and recorded screen pictures showing the victim E (n.e., 20 years of age) using the Defendant’s mobile camera function in the partitions attached with a letter “Prohibition of Use” among female toilets.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made to the defendant in each protocol concerning the suspect interrogation of the police;

1. Statement in the police statement protocol against the victim E;

1. Each entry into the records of seizure and the list of seizure;

1. Images of on-site photographs;

1. Application of each Act and subordinate statutes to one digital evidence analysis file USB;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the punishment of sexual crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the selection of each penalty;

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. If a conviction becomes final and conclusive against a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the holding that a sex crime subject to registration is subject to the obligation to register and register personal information under Article 334(1) of the Criminal Procedure Act, the accused shall obtain personal information as prescribed by Article 42(1) of the Act on Special Cases concerning the Punishment,