성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
A fine of three million won shall be imposed on a defendant.
Where the defendant fails to pay the above fine, 50,000 won shall be one day.
Punishment of the crime
1. Around 00:15 on June 19, 2013, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Influence in public places) entered the toilets of the E coffee shop located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, and the second floor, and entered the partitions of women’s toilets to take the form of melting women into smartphones.
Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.
2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), when and at the above time and place, intrudes the victim F (22 years of age) into the side partitions of the victim’s smartphones from the time and place, during which the victim’s F (22 years of age) reported urines inside the partitions for women, and photographs the victim’s body where the Defendant’s smartphones were reported to
Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of the police statement concerning F;
1. Application of Acts and subordinate statutes to on-site photographs (the toilets for committing this case);
1. Relevant Articles 12 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes (Influences into Public Places), and the selection of fines, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Where the conviction of a defendant against a sexual crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is finalized, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a related agency