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Defendant shall be punished by a fine of four million won.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Reasons
Punishment of the crime
1. On October 12, 2015, around 23:17, 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”) entered the Defendant’s mobile phone camera in front of C University Natural Science University No. 1, 203, 3rd female toilets located in Switzerland-si B, Chuncheon-si, in front of the Defendant’s mobile phone camera.
Accordingly, the defendant invadeds on female public toilets, which are public places, with a view to meeting his sexual desire.
2. 성폭력범죄의 처벌 등에 관한 특례법위반( 카메라 등 이용촬영) 미 수 피고인은 위와 같은 일시 및 장소에서 위와 같이 피해자 D( 여, 22세) 이 소변을 보고 있던 세 번째 용변 칸의 바로 옆 칸으로 들어가 피고인의 아이 폰 6 휴대 폰 카메라를 켠 다음 위 휴대폰을 용변 칸의 분리 벽 아래 틈 사이로 집어넣어 피해자의 용변 보는 모습을 촬영하려고 하였으나, 피해자가 피고인의 휴대폰을 발견하고 놀라는 인기척 소리를 내자 그대로 도주하였다.
Accordingly, the defendant tried to take the body of the victim who could cause sexual humiliation or shame against his will and attempted to take the victim's body against his will.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 12 (Intrusion into Public Places for Sexual Purposes), 14 (1), 15 ( point of attempted use and photographing of cameras, etc.), and selection of fines;
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 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. A crime committed in violation of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to take the body of a victimized woman by intrusion into a female public toilet for the reason of sentencing, and the crime is very poor.