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(영문) 서울중앙지방법원 2015.03.13 2014고단10181
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On September 23, 2014, from around 00:33 to 01:18, the Defendant: (a) went to the female toilets in Gyeyang-gu Incheon Metropolitan Building; (b) and (c) taken away from the entrance into the entrance in order to steals the image of women, and then stolen the image of the victim in such a way as to see the image of the mobile phone image appearing in the use of the section below the partitions; and (c) subsequently, the victim E (the age 61) operated the mobile phone camera in which the victim E (the age 61) entered the side partitions, and then stolen the image of the victim in such a way as to see the image appearing in the mobile phone size through the interview function of the above camera system.

Accordingly, the defendant invadeds on public toilets to satisfy sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, on the ground that the defendant committed an offense, such as intrusion on public toilets for the purpose of meeting his sexual desire, theft of the appearance of the victim, etc., and thus, the defendant committed the offense, which is not good enough to commit such offense, by mutual consent between the victim E and the original offender, that the defendant would not reflect his mistake and repeat the offense, and that the above victim's wife against the defendant is the primary offender, and the defendant who appealed against the defendant. In addition, the defendant's age, character and conduct, family relationship, motive and attitude of the crime in this case, and the attitude of the defendant after the crime, etc., is considered as a sex offense subject to the registration of personal information.

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