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(영문) 부산지방법원 서부지원 2020.05.29 2019고단2738
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
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Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On November 13, 2019, around 10:20 on November 13, 2019, the Defendant entered the instant female toilet with a view to satisfy the sexual desire by photographing the image of female toilets with his/her cell phone in which women are viewed as being melted.

Accordingly, the Defendant infringed on the public use area used by many unspecified persons for the purpose of meeting his sexual desire.

2. The Defendant taken, at the time and place specified in paragraph 1, the victim C (one, the other, the other, and the other, the age of 46) who reported a meltion in the side screen using the mobile phone camera photographing function.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Investigation report (the result of request for analysis of smartphones by a suspect);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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 point of intrusion into places for public use for sexual purposes), and the selection of fines;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the aggregate amount of the crimes specified in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment and the maximum amount of the crimes committed in quantity of the punishment);

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

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the order of provisional payment is that the defendant has taken the victim's image by impairing the victim's private sphere, and the nature of the crime is not good.

However, the defendant.

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