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(영문) 인천지방법원 2013.12.03 2013고단5916
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On June 21, 2013, at around 00:00, the Defendant reported that the victim C (or 21 years old) entered a female toilet in Gyeyang-gu, Incheon Metropolitan Gyeyang-gu, 969-20, and entered the above toilet. The Defendant had the intent to photograph the appearance of melting it, and entered the above toilet.

After entering the side partitions of the victim, the defendant operated his smartphone shooting function with a space under the part of the partitions, and the victim taken the image of his own smartphone to be melted.

Accordingly, the defendant intruded on public toilets for the purpose of meeting his own sexual desire, and taken the body of the victim who could cause a sense of sexual shame by using mobile phones against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report- Confirmation of statements made by victims;

1. Application of Acts and subordinate statutes, such as field inspection photographs;

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, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines, respectively;

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

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment cannot be deemed to be undermining the nature of the crime in this case where the defendant intrudes into a woman toilet in the steel station and photographs another person’s body.

However, considering the fact that the defendant immediately deleted the photograph of this case, that the defendant agreed with the victim, that the defendant did not have the same criminal records and that there was no other criminal records except twice fines, the sentencing conditions of the defendant, including the circumstances of the crime, the age of the defendant, character and conduct, the environment, and the circumstances after the crime, etc., are determined as ordered.

Registration of personal information shall be subject to registration.

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