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(영문) 인천지방법원 2014.03.19 2013고단7827
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around August 11, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influoration of public places) committed an intrusion on the said female toilet with the intention of reporting the appearance of E (influor, 27 years of age) entering the female toilet from the corridor of the D Women’s toilet located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, into the female toilet, and taking a bruptor of the

Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.

2. A criminal defendant who has attempted to violate the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) has failed to photograph the victim E (or, 27 years of age) entering a female toilet at the time and place specified in paragraph (1), followed by the victim E (or 27 years of age), and tried to capture the victim by raising his/her cell phone to the toilets

Accordingly, the defendant tried to take the body of the victim who could cause sexual humiliation or shame by using a mobile phone against his will but attempted to take the body of the victim against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to ctv images, ctvfags

1. Relevant legal provisions concerning facts constituting an offense, and Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Sexual Crimes, and Articles 15 and 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the attempted taking of photographs, such as Cameras): The choice of each fine;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (only to the extent that the aggregate of the amounts of the above two crimes is added to the amounts of concurrent crimes determined for the crime specified in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment);

1. Articles 70 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 defendant is against the criminal facts subject to registration, which are sexual crimes subject to the obligation to submit personal information under Article 334 (1) of the Criminal Procedure Act.

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