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(영문) 의정부지방법원 2016.01.19 2015고단2277
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

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

1. On April 5, 2015, at around 04:10 on April 5, 2015, the Defendant: (a) entered the first floor toilet of the building B in Namyang-si, Namyang-si, in order to take a studio (21 years old); (b) tried to take a studio to take a studio; (c) on the same day, the Defendant had a studio on the wind string on the escape of the above C; and (d) had a studio to take a studio in the said female toilet on the same day.

Accordingly, the Defendant intruded on public toilets more than twice to satisfy his sexual desire.

2. On April 5, 2015, at around 04:12, the Defendant entered the front section of the above female toilet, and tried to take the body of the victim, who may cause sexual humiliation or humiliation against his will, using a mechanical device with similar functions, such as a camera or other similar function, to take the front section of the above victim C, which had been melted in the front section by using the video photographing function inside the Defendant’s mobile phone, after going through a change in the front section, and let the victim take the front section of the above victim C in order to take the front section of the front section by using the video photographing function inside the Defendant’s mobile phone, and then divide the above mobile phone into the front section and then let the victim take the front section of the victim’s body, who might cause sexual humiliation or shame. However, the victim’s escape was attempted to take the front section.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a report on investigation (on-site inspection and CCTV security);

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

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 334(1)1 of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”).

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