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(영문) 수원지방법원 안양지원 2019.09.18 2019고단240
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
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 August 31, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (influence of public places) entered the first common column of the above toilets in order to photograph the appearance of women by using the Defendant’s mobile phone camera function in a female toilet with the third floor during the game 01:50 on August 31, 2018.

Accordingly, the defendant invadeds on women's toilets to satisfy his sexual desire.

2. 성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수 피고인은 제1항 기재와 같은 일시, 장소에서 휴대전화의 동영상 기능을 켠 채 화장실 칸막이 위로 내밀어 옆 칸에서 용변을 보고 있는 피해자 C(가명, 여, 22세)을 촬영하려고 하였으나 피해자에게 발각되는 바람에 그 뜻을 이루지 못하였다.

Accordingly, the defendant tried to take the body of the victim who could cause sexual humiliation or shame by using devices similar to the camera, and attempted to take the victim's body against his will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Records of seizure and the list of seizure;

1. A criminal investigation report (CCTV verification) and CCTV closure photographs;

1. Application of the new Acts and subordinate statutes to the results of digital evidence analysis;

1. Relevant statutory provisions on criminal facts, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, Articles 15 and 14 (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); the selection of each fine;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [within the scope of adding up the maximum amount of the crimes specified in the special Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which has heavier punishment, to the concurrent crimes] among concurrent crimes;

1. Detention at a workhouse;

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