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(영문) 의정부지방법원 고양지원 2018.07.19 2018고단1082
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

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

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Influence of multiple-use facilities for sexual purposes) the Defendant: (a) reported that the Victim F (the age 21) went to a female toilet while cleaning at a male toilet of the second floor D and EPC around 01:05 on January 30, 2018; and (b) the Victim F (the age 21) went to a female toilet; and (c) the Victim F (the age 21) was sexual desireed to take a brine to take a brine; and (d) the Victim reported that

In the next partitions, it intrudes into the toilet.

2. In violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use photographing such as camera, etc.) Defendant was cleaning at the above EPC toilets on the same date and time as the above paragraph 1, the victim took a meltion to female toilets, and the victim took a boom by intrusion into female toilets, which are public-use facilities used by many unspecified persons, in order to take a melting image of the victim, in order to take a melting of the appearance of the victim, the victim took a photograph of the image of the victim by using the boom function, by taking advantage of the Defendant’s smartphone function.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a report as a result of digital evidence analysis);

1. Relevant provisions 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, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the defendant recognized the crime and reflects the depth thereof, the primary crime, the fact that the injured party does not want the punishment of the defendant in agreement with the injured party, and the motive and circumstances of the crime.

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