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(영문) 수원지방법원 2020.11.05 2020고정1385
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is an employee of a C cafeteria in which the victim B (nive, life, and age 28) is a customer.

1. Around May 24, 2020, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (entry in a public access to a place for sexual purpose) entered the 2nd female toilet located in Suwon-si, Suwon-si on May 23:50, 202, and the victim went out to the public room with a view to photographing the appearance of melting the balle.

Accordingly, the defendant invadeds on public use places used by many unspecified persons for the purpose of meeting his sexual desire.

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”) did not commit an attempted crime by taking advantage of the mobile phone photographing function of the Defendant’s cellular phone in the side screen, which is owned by the Defendant, in the same time and place as described in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Investigation report (as to the suspect's result of smartphone analysis)

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

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 (a point of intrusion into places using multiple uses for sexual purposes), the selection of fines;

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. The main sentence of 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 becomes final and conclusive on the facts constituting a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, the defendant shall obtain personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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