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Reasons
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(영문) 부산지방법원 2020.01.15 2019고단4865
건조물침입등
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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On February 23, 2019, at around 17:56, the Defendant discovered that the victim C (or 24 years of age) entered a second-story female toilet management office in Busan Jin-gu B apartment building management office, Busan, and that he/she intruded the victim's toilet through the entrance door followed by the victim to see the appearance of the female.

Accordingly, the defendant invadeds on women's toilets, which are public use places, to satisfy sexual desire.

2. At the date and time and place mentioned in Paragraph 1, the Defendant taken a video image in the lower part of the body of the victim’s studio in the third column.

Accordingly, the defendant taken the image of the victim who could cause sexual humiliation by using a mechanical device with a camera function against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. The police seizure record and the list of seizure;

1. Investigation report (Analysis of CCTV at the scene of crime);

1. Application of Acts and subordinate statutes to CCTV video CDs and other closures;

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 photographing a camera for sexual purposes), and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The main sentence of 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. Where a conviction against the defendant is finalized in regard to the crime in the judgment that constitutes a sex offense against which the personal information is to be registered and to be submitted under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such personal information is provided to a related agency

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