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(영문) 대전지방법원 2018.04.19 2018고단650
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

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

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

Reasons

Punishment of the crime

1. On July 24, 2017, the Defendant, on July 24, 2017, taken the image of the victim against his/her will, on the ground that, in light of the following: (a) around July 24, 2017, the smartphone with a camera function had been flowed above the upper part of the melter column; (b) the Defendant taken the image of the victim against his/her will, on the part of the Defendant, in a line D female toilet in the northwest-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu.

Accordingly, the defendant invadeds on public toilets for the purpose of satisfaction of sexual desire, and photographs the body of the victim who could cause a sense of sexual shame against his will.

2. On December 10, 2017, the Defendant, on or around December 10, 2017, on or around 20:39 around December 10, 2017, on a female toilet, such as paragraph (1), taken the form of the victim’s E (n.e., victim E (n., 36 years of age) who, on the same day, tried to photograph a smartphone against his/her will, but the victim discovered a smartphone, did not view it as the wind to move from the screen to the screen.

As a result, the Defendant invaded on public toilets for the purpose of satisfaction of sexual desire, and did not take the body of the victim who could cause a sense of sexual shame against his will, or did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E statements;

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

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 12 and 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes (Infringed at Public Places for Sexual Purposes), 15 and 14 (1) (in cases of taking photographs, such as cameras, and attempted taking photographs) of the same Act, the selection of fines for crimes;

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. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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