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(영문) 서울동부지방법원 2018.07.27 2018고단1633
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

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

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

Reasons

Punishment of the crime

1. Around February 28, 2018, 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”) invaded from the toilet for women of Songpa-gu Seoul, Songpa-gu B and the second floor with the mind that women might have melted with a cell phone to have dynamic image taken.

Accordingly, the defendant invadedd his sexual desire at public places to satisfy his own sexual desire.

2. On February 28, 2018, around 19:30 on February 28, 2018, the Defendant taken a video image of the Defendant’s cell phone in Songpa-gu Seoul, Songpa-gu B and 2 Women’s Toilets with his hand in order to put the Defendant’s cell phone in the next partitions, and to view the victim C (the age of 55) as being melted by inserting the Defendant’s cell phone in the next partitions.

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

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

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

1. Investigation report (No. 8 once a year);

1. Application of Acts and subordinate statutes to each site and seized articles;

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 (a point of intrusion into public places for sexual purposes), and the 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. Article 47(1) and Article 49(1) proviso of the Criminal Procedure Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from a disclosure notification order under Article 334(1) of the Criminal Procedure Act, the proviso of Article 49(1) and Article 50(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant’s age, occupation, risk of recidivism, motive for the instant crime and crime).

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