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(영문) 의정부지방법원 2017.06.01 2017고정755
방실침입등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On October 25, 2016, the Defendant who intruded into a room: (a) suspected of having the father’s husband and the victim B (the 32-year-old-old-old-year-old-old-old-old-old-old-child relationship; (b) sought to the “D”-type management room operated by the injured party (the 301-year-old-old-gu-old-old-

Although the Defendant did not run the business to confirm the existence of the husband and the victim together, the Defendant entered the above business establishment and intruded into the inner room where the victim was diving.

2. The Defendant, at the above date, at the above location and place, found that the victim was locked with the husband of the Defendant who was off his her mare while exposing her mare, and taken a photograph of the victim using his mobile phone camera, using the Defendant’s cell phone camera.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to the screen of investigative reports (Submission of photographs of the complainants), photographs of the room room to be submitted by the complainants, and to the closure screen of the internal CCTV images;

1. Relevant legal provisions of the Criminal Act, Article 319 (1) of the Criminal Act (the point of intrusion by room), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of taking photographs by camera, etc.), and the selection of fines, respectively, for the crime;

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. The proviso to Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete a program [the summary order in the instant case did not impose an order to complete a program on the Defendant, and only the Defendant requested a formal trial, no order to complete a program is imposed in accordance with the principle prohibiting disadvantageous changes under Article 457-2 of the Criminal Procedure Act (Supreme Court Decision 2015Do11362 Decided September 15, 2015).

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