logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.03.08 2018고단140
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On September 13, 2017, the Defendant confirmed that the victim D (nick, 24 years old) entered a melting partitions in the Busan Jung-gu women's toilet in Busan Jung-gu, Busan, around September 2017, the Defendant taken a protruding image image of the victim with the Defendant's smartphone, which was putting his/her arms outside the upper part of the upper part outside the upper part of the upper part of the upper part of the upper part.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion upon public places for sexual purposes) infringed on public toilets, which are public places, at the above time, at the above time, with a view to meeting the sexual desire as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes (a point of using and photographing cameras, etc.) and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of intrusion on public places for

2. Selection of each alternative fine for punishment;

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

5. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which has completed a sexual assault treatment program;

6. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties relationship; (c) the risk of recidivism; (d) profits and preventive effects expected due to the disclosure order and notification order of this case; and (e) disadvantages and side effects therefrom.

arrow