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(영문) 수원지방법원 안산지원 2013.12.18 2013고단2640
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is currently a student attending a university, and when the Defendant intrudes into a female toilet of a commercial building used by the general public and seeks to photograph an unspecified female with a cell phone camera in which he/she holds a face to see his/her base, and her shop B of the member-gu, Ansan-si;

1. Around 01:00 on December 12, 2013, the Defendant intruded into the side column where the victim had her base, before entering the c5th female toilets in Ansan-si, Ansan-si, Gyeonggi-do, in order to see the urine.

2. The defendant taking photographs using a camera, etc. on December 12, 2013 to 01:00 on a unit C5th female toilet in Ansan-si, Gyeonggi-si, Absteging-si around 02:00 on December 12, 2013

A. Intrusion into female toilets for sexual purposes, as described in paragraph (1).

The victim D(21 years of age, n) confirmed the fact that he entered his side partitions in order to see the melting side, and under the partitions, the defendant's cell phone cameras were concealed in the direction to see the defense of the victim, and taken them against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of the new Acts and subordinate statutes on evidence analysis result;

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, and Selection of fines, respectively;

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

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

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

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

6. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant shall be punished for a sexual crime.

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