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Reasons
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(영문) 인천지방법원 2016.02.03 2015고단7091
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
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Defendant shall be punished by a fine of four million won.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On February 22, 2014, the Defendant, who may cause sexual humiliation or sense of shame, was able to take photographs of another person’s body against his/her will, and installed the Defendant’s mobile phone with the words “C”.

1. On October 6, 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”) entered the Defendant’s cell phone in the first floor of the Korean Women’s toilet in Kimpo-si from around 20:41 to 20:43 of the same day.

Accordingly, the defendant invadeds on female public toilets with a view to meeting his sexual desire.

2. On June 11, 2015, the Defendant taken photographs of the Defendant’s cell phone-based 16 times in total, of the following: (a) the 16th day of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (i.e., cameras, etc.); (b) the Defendant, in the vicinity of the F Station located in the Dong-gu, U.S., U.S., Dong-gu, U.S., taking the back flag and the flag of a female who suffers from a flag’s name in the name of the victim, such as taking the back flag and flag of

Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will, using a camera or other similar mechanism.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

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

1. Application of Acts and subordinate statutes to photographs restored from a mobile phone by the victim;

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

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 Criminal Procedure Act of the Provisional Payment Order.

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