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수원지방법원 2015.06.11 2015고단680
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Around January 14, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Influence into public places) committed intrusion on public toilets with an intention to satisfy the sexual desire by entering the public toilets with a view to stealing women, such as the Victim F (Age 28), etc., in 59, from an Osan-si square at Osan-si, Osan-si, a 59 square.

2. Around September 2014, the Defendant: (a) taken pictures against his will another person’s body, which might cause sexual humiliation or sense of shame, by entering a female toilet in the three-class stations located in Suwon-si, Suwon-si, the area of which was 25-4, using a mobile phone with the inner function of a camera, using a cell phone device with the inner function of a camera; (b) the partitions in which a female under whose name a woman is suffering from his/her name-dissatising; and (c) photographing the appearance in which a female is satising towards the lower direction; and (d) photographing the appearance in which a female undersatis is able to cause sexual humiliation or sense of shame.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. A H statement;

1. Investigation report (the digital evidence analysis of seized mobile phones) and report on the analysis of digital evidence;

1. A criminal investigation report (Attachment of photographs taken by a suspect);

1. Records of seizure and the list of seizure;

1. Application of statutes on field photographs;

1. Relevant Article on criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of entering a public place), the selection of fines;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount is aggregated);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The defendant's reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order are against the defendant.