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(영문) 수원지방법원 안산지원 2015.10.02 2015고단2476
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

Criminal facts

On July 10, 2015, at around 01:25, the Defendant intruded into a female toilet, a public toilet, for the purpose of meeting his sexual desire on the second floor of Ansan-si, Asan-si, with the use of a mobile phone camera in possession of the Defendant, and taken a picture against the Defendant’s will in which the victim C (the age of 19) reported the sexual humiliations that could cause sexual humiliation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to the draft D;

1. Relevant legal provisions on criminal facts, Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Use of Photographs, etc.), Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the selection of fines (not until now, recovery of damage to the victim was not made, but the defendant is led to confession and reflect, and the defendant is the first offender, etc.);

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

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure or notification of personal information, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no disclosure or notification of personal information shall be made in consideration of the initial offender, family relationship, the outline, etc.

1. Where a conviction becomes final and conclusive on each crime in the judgment that constitutes a sex offense subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the competent agency pursuant to Article

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