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(영문) 서울서부지방법원 2015.10.29 2015고단1467
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

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

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

Reasons

Punishment of the crime

1. Around May 17, 2015, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (influence of public places) entered the 2nd floor of Mapo-gu Seoul Mapo-gu to steals women who are melting in the second floor of female toilets.

Accordingly, the defendant invadeds on women's toilets, which are public places, with a view to meeting his sexual desire.

2. Around 17:30 on May 7, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) entered a female toilet as described in paragraph (1) and opened the door door door door, locking the door door door door, and then, a light screen ran off the Defendant’s cell phone (gallon 2) from the side space and pande off the Defendant’s cell phone (gallon 2) and taken the form of the victim C (22 years of age) who sees the Defendant’s cell phone function.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police seizure records;

1. Application of the Act and subordinate statutes to report on investigation (verification of suspect cell phone restoration files, and confirmation of screen pictures taken by a suspect);

1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (the occupation of entering a public place and a fine) and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of using camera, etc. 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 48 (1) of the Criminal Act of confiscation;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive, the defendant shall be subject to the registration of personal information and the obligation to submit personal information under Article 334(1) of the Criminal Procedure Act, on the punishment, etc. of sexual crimes.

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