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(영문) 청주지방법원 2016.02.03 2015고단1904
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) the Defendant entered the left-hand column of a female toilet, which is a public toilet located in Cheongju-si B, in order to photograph a woman’s negative part, etc. who reported a change of the side to a mobile phone around 02:30 on September 24, 2015.

Accordingly, the defendant invadeds on public places to satisfy his own sexual desire.

2. Around September 24, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (i.e., cameras, etc.) (ii) performed the functions of photographing the camera screen pictures located in a smartphone to take pictures from the left side of the female toilet as stated in the above paragraph (1) from around 02:40 on September 24, 2015, and (iii) taken smartphones by discovering and exposing them.

As a result, the Defendant tried to take photographs of another person's body, which may cause sexual humiliation or shame, against his will by using a camera, but did not lead to the victim's awareness and attempted crimes.

3. Around September 15, 2015, the Defendant, at the main point of “C” as indicated in the above paragraph (1) around 06:41 on September 15, 2015, he/she was aware that he/she was a child or juvenile pornography with a cartoon with the title of “F” on the Defendant’s smartphone, using a smartphone pole “E” and carried a cartoon with the Defendant’s smartphone with the Defendant’s sexual intercourse.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against the defendant, D or G;

1. Application of the Acts and subordinate statutes to photographs by reporting, CD images, or capturing the instant field pictures, digital evidence analysis results

1. Articles 12, 15, and 14(1) (which means attempted to take photographs using camera, etc.) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and children and juveniles;

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