beta
(영문) 대구지방법원 서부지원 2017.03.30 2016고단1895 (1)

건조물침입등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On June 23, 2016, the Defendant infringed on a structure, at the fourth female toilets of the EPC room building operated by the victim D in Daegu-gu, Daegu-gu, 2016, and at the fourth female toilets of the PC room, in order for women who had games to see the tiltile in the PC room, entered the said female toilet, and entered the said female toilet with a cell phone camera to see the tile of the tiltile. Accordingly, the Defendant intruded into the structure managed by the victim.

2. A defendant who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.) enters a female toilet in accordance with the victim F, such as the date, time, place, and paragraph (1), and paragraph (1), and was the victim using the cell phone located in a camera above the entrance, at the same time and place as described in paragraph (1).

The victim tried to take a string of the strings by inserting up to the strings, but the victim attempted to have the strings of the strings, but attempted to have the wind known to the victim.

Accordingly, the defendant tried to take the body of the victim who could cause a sense of sexual shame against his will and attempted to take the body of the victim against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. As to the attachment of the investigation report (as to the attachment ofCCTV video)

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

1. Relevant legal provisions concerning the facts constituting an offense, Articles 15 and 14 (1) (which means attempted to take photographs using a camera) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, Article 319 (1) of the Criminal Act and the selection of fines;

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) 1 of the Criminal Act to be confiscated;

1. The criminal facts of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) stated in the judgment to register and submit personal information of Article 334(1) of the Criminal Procedure Act with respect to the provisional payment order.