성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Criminal facts
1. On November 20, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) reported that a female victim, whose name cannot be known in the toilets of the F main building located in Ansan-si, Ansan-si, Annsan-si, Seoul-si, entered the public toilets of the F main building, and went into the public toilets for the purpose of meeting the Defendant’s sexual desire and infringed upon the Defendant’s public toilets.
2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.) the Defendant attempted to take the victim’s body against his/her will, by inserting the Defendant’s smartphones with the function of a camera in the lower part of the toilet partitions between the female victim, whose name is unknown at the time and place specified in paragraph (1), and the victim’s name is unknown, and then she failed to take the victim’s body against his/her will, by inserting the Defendant’s smartphones with the function of a camera.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness G;
1. The G Preparation’s written statement (the defendant and the defense counsel do not enter the defendant for the purpose of meeting his sexual desire, but do not contain any fact of inserting smartphones in the side side square.
In full view of the following circumstances acknowledged by each of the above evidence, i.e., (i) the defendant's statement that a woman has left the toilet for a long time after entering the toilet, and (ii) the defendant, who enters the side column of the changeer column in the judgment of another woman, collected a mobile phone in a space under the wall between the defendant and the changeer column, and opened the mobile phone for about 10 seconds, and (iii) the defendant's mobile phone has operated the screen function at that time, and even according to the defendant's statement, the video has been exposed to the movement of a person in the side change column, etc., the defendant intrudes into the public toilet for the purpose of meeting the sexual desire.