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Reasons
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(영문) 수원지방법원 2019.03.22 2018고단7482
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 11, 2018, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Ameras, etc.”) recorded a motion picture with a picture taken by the victim D (the age of 22) in a total of 10 times from September 7, 2018 to November 11, 2018, including where the Defendant performed the function of a chemical B building, women’s toilet in the third floor, and a mobile phone camera in the column below the toilet, and collected it in the column below the toilet.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a camera, etc. against his will.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) invaded on toilets with a total of 10 times from September 7, 2018 to November 11, 2018, including intrusion upon women’s toilets, in order to take the same time and place as that of paragraph (1) in order to take pictures of women, etc. who are viewed as having sexual humiliations at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The list of seized articles, records of seizure and the list of seized articles;

1. On-site photographs;

1. Application of Acts and subordinate statutes to one CDs on digital evidence analysis report and digital sirens correspondence data;

1. Relevant provisions of the relevant Act and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on 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 for each of them;

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 against Order to attend lectures;

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

1. The Criminal Procedure Act;

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