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(영문) 울산지방법원 2019.07.18 2019고단1160
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around November 24, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Influence in public places) entered a female toilet located in Ulsan-gu C Park on the same day for the purpose of photographing a woman’s body, who is exempted from his/her load, and sees his/her mouth, into a female toilet located therein, and intrudes into a public use place used by an unspecified majority for the purpose of meeting the sexual desire.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), attempted to photograph the body of the victim by using the Defendant’s cell phone device with the victim’s 6 mobile phone device capable of causing sexual humiliation or sense of shame, which is located between the Defendant and the victim, from the date and at the place specified in paragraph (1), and from the female toilets that intruded as mentioned above, the victim’s body was detected and attempted.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The police seizure record and the list of seizure;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 12, 14(1), and 15 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) concerning criminal facts [Selection of a fine]

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 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. Article 48 (1) of the Criminal Act of confiscation;

1. The sentencing order under Article 334(1) of the Criminal Procedure Act is based on the following facts: (a) there was no record of punishment for the same kind of offense committed by the defendant; (b) there was an attempted crime after the crime; and (c) the victim and the victim agreed to do so smoothly; and (d) the conditions of the sentencing indicated in the record, such as the defendant’s age, occupation, character and conduct, family relationship, living environment, circumstances leading to the crime, etc.

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