logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 광주지방법원 해남지원 2018.10.25 2018고단197
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)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

1. Around February 11, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion into public use places for sexual purposes) entered the entrance of the above female toilet to achieve the sexual purpose by carrying a studio, carrying a studio, and photographing a studio in a telephone camera in southnam-gun B, southnam-gun, South Korea, and in order to achieve the sexual purpose.

Accordingly, the Defendant infringed on public toilets, which are public use places, for the purpose of meeting his sexual desire.

2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (such as Camera, etc.) the Defendant, at the time and place specified in paragraph (1), and at the side side column of the Defendant’s person, sent the victim DNA (nick, 22 years old) to collect his/her mobile phone, and taken the victim’s melting side by inserting his/her cell phone, following the partitions.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a mobile phone against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a plant (Taking photographs, such as a camera);

1. Each internal investigation report and each investigation report;

1. 112 A list of reported cases;

1. Photographss and on-site photographs of each relevant document;

1. A protocol of seizure and a list of seizure;

1. Application of the reporting Acts and subordinate statutes as a result of digital evidence analysis;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a crime committed through a camera, etc.) and the selection of each fine;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the punishments prescribed in each crime) shall be aggravated for concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

1. Article 334(1)1 of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”).

arrow