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Reasons
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(영문) 서울서부지방법원 2015.12.17 2015고단1768
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
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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. On May 4, 2015, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Influence into public places) discovered that the victim D (influence 24 years of age) entered female toilets at “Cjuk” located on the first floor of Mapo-gu Seoul, Mapo-gu, Seoul, into female toilets around May 23:37, 2015, and entered into female toilets depending on the victim’s appearance.

Accordingly, the defendant invadeds on women's toilets, which are public places, with a view to meeting his sexual desire.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

A. around September 2013, the Defendant: (a) taken the victim’s legs using the Defendant’s cell phone device located in the front part of the female victim, following the name unexploited in the name of the victim, who was fluent in the subway No. 7 subway line E in light of light-si around September 2013.

B. At the time and place indicated in paragraph 1, the Defendant took a photograph of the Defendant’s cell phone image, citing the Defendant’s cell phone device located in the Kameras, in which the victim D was melted.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shame using a mobile phone camera against their will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (data analysis restored by mobile phones);

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (the occupation of entering a public place and a fine) and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of using camera, etc. and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. Confiscation Article 48 of the Criminal Act

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