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(영문) 대전지방법원 2016.05.11 2016고단454
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a student of the management department of D University in Class C.

1. Around December 14, 2015, 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”), on the fourth floor of the above D University E buildings, reported that the Defendant placed the victim F (n, 21 years of age) in a public toilet to view this side, and went back to a public toilet for the purpose of meeting his/her sexual desire with the victim’s knowledge that there is no other person than the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of intrusion into public places for sexual purposes and the selection of fines);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of two crimes) shall be aggravated for 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. In light of the circumstances leading up to the crime committed in the sentencing of Article 334(1) of the Criminal Procedure Act, the fact that the crime is inferior, and that the victim wants to punish the defendant is disadvantageous.

The defendant shall endeavor to prevent recidivism, such as recognizing and opposing crimes, having no record of criminal punishment, and receiving mental treatment.

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