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(영문) 수원지방법원 안양지원 2017.06.14 2017고단576
건조물침입등
Text

Defendant shall be punished by a fine of three million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On December 12, 2016, the Defendant infringed upon a structure: (a) around 13:10, at the G’s escape room located on the nineth floor of the Gu Building C, as if the Defendant was female, and went into the above escape room, which is a structure managed by the victim E; (b) the Defendant violated the Act on the Punishment, etc. of Sexual Crimes (use photographing, such as a camera, etc.). On December 12, 201, the Defendant taken pictures of the body of female victims, who were unable to know the names of female victims, using the above mobile phone function, using the body of the victim’s mobile phone.

Accordingly, the defendant taken the body of the victims who may cause a sense of shame against their will.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

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

1. Investigation report (to attach photographs to the screen image taken by the person under control), investigation report (to hear the statement of the D manager);

1. Analysis of digital evidence;

1. Application of the Acts and subordinate statutes to the skin's photograph and mobile phone photograph;

1. Article 319 (1) of the Criminal Act Article 319 of the same Act concerning the crime (a point of intrusion on a structure) and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of taking photographs, such as a camera, etc.);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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 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. Although the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is inferior in light of the content of the crime, there are circumstances under which a certain degree of consideration may be given to the motive or circumstance leading up to the crime under the state of suffering from sexual transformation, and there are no criminal records.

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