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(영문) 수원지방법원 안양지원 2017.09.22 2017고단850
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
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. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) entered the roadside column for the purpose of meeting his/her sexual desire by photographing a female stude in the E Library 2 female toilets located in Manyang-gu D on March 31, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a report on internal investigation and a report on investigation (the mobile phone analysis seized by a suspect);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines, respectively;

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 sentencing of Article 334(1) of the Criminal Procedure Act, based on the background and content of the crime, the circumstances before and after the crime, etc., reflects the Defendant’s mistake, and the victim does not want the punishment against the Defendant, and various sentencing conditions, including the Defendant’s age, sex, occupation, and family relation, should be taken into account. Personal information is registered and submitted.

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