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Reasons
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(영문) 부산지방법원 2015.12.17 2015고단6135
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On June 1, 2015, at around 19:40, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (influence in public places) went into the open door of female toilets with a view to ensuring that the sound in which she entered a female toilet from the next male toilet, among the cases where she was viewed in a string toilet of the second male toilet located in Ulsan-gu, Ulsan-gu, Ulsan-gu, 2015.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), laid off the victim D (at the age of 22) in the same time and place as that of paragraph (1) and performed the dynamic image function of the Defendant’s smartphone (i.e., opphone 6) in front of the light screen in which the victim D (at the age of 22) reported melts, taken pictures against his will of the victim who could cause a sense of sexual humiliation by putting the above smartphone into a melting door on the upper part of the light door.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of each statute on photographs;

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;

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. Where a judgment on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information

The defendant's age, occupation, risk of recidivism, type, motive, process, result, and crime of this case.

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