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(영문) 춘천지방법원 원주지원 2017.07.13 2017고단249
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 (Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) committed by the Defendant, around December 21, 2016, in order to take a female image in which the Defendant reported a change to female toilets in the office of DNA Eup located in the original state C for the purpose of meeting his/her sexual desire around 09:45.

2. In violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use photographing, such as camera, etc.) Defendant taken smartphone cameras below the partitions at the above time and place, and taken the appearance of the female victim under his/her name using the cryptive image, and continuously taken the image of the victim E (the age 39) using the cryptive image in the same manner, and taken them against the victim’s body against the victim’s will that may cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Response to a request for appraisal;

1. A protocol of seizure and a list of seizure;

1. The investigation report (the 19th regular report);

1. Application of Acts and subordinate statutes to photographs of site photographs and seized articles;

1. 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 each fine concerning the crime;

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. Where a judgment becomes final and conclusive on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to the competent agency pursuant to Article

The defendant suffers due to the age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order.

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