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(영문) 서울중앙지방법원 2014.02.12 2013고단8027
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. Around August 16, 2013, the Defendant violated the Act on the Punishment, etc. of Sexual Crimes (influence of public places) infringed on the above toilets without permission for the purpose of photographing female toilets located on the first floor of the Seoul Jung-gu Seoul Metropolitan Government building C in order to satisfy his/her sexual desire.

2. Violation of the Act on the Punishment, etc. of Sexual Crimes (Ameras, Use and Screening of Cameras) knowing that the victim D (nick, 24 years old) entered the toilet room at the above date, time, and place, the Defendant was aware that the victim D (nick, 24 years old) was living in the toilet room, and tried to hold a cell phone in his hand, and tried to shoot the cell phone toward the cell phone in the direction above the screen where the victim is in use, and tried to take the cell phone toward the cell phone in the direction above the screen where

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes governing toilet photographs and video CDs stored in suspect Handphones;

1. Relevant Article on criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 15 and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (which means attempted to take photographs using Cameras, etc.) and the selection of fines, respectively;

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

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

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the obligation to submit personal information to a related agency

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