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(영문) 서울남부지방법원 2015.02.03 2014고단4439
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Around September 14:17, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influence of public places) violated the Act on the Punishment, etc. of Sexual Crimes (influence of women’s body, taking pictures of the body parts of women’s toilets with the sixth floor of Guro-gu Seoul Metropolitan Government, with an intention to satisfy their sexual desire.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), the Defendant, at the time and place specified in the above paragraph (1), carried out the functions of a female toilet 2nd square, and tried to take the body form of the victim C (n, 33 years of age) who was prepared to put his mobile phone into the adjacent partitions to string off, thereby causing sexual humiliation or sense of shame, but did so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. Application of CCTV image photograph Acts and subordinate statutes;

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, Articles 15 and 14 (1) (which means attempted to take photographs using cameras) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 sentencing of Article 334(1) of the Criminal Procedure Act for the reason of sentencing of the provisional payment order does not seem to have considerable mental damage. However, considering the following factors: (a) the defendant was committed by committing the instant crime; (b) the defendant was the primary offender and was committed by the defendant; and (c) the defendant was committed by attempted crimes; and (d) the defendant’s age, character and conduct, and circumstances after committing the instant crime and all the conditions of sentencing indicated in the instant records and arguments.

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