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(영문) 창원지방법원 2020.05.01 2019고단4074
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On November 13, 2019, at around 18:45, the Defendant entered the above toilet in order to illegally take the appearance of the victim C (a family name, leisure, and age 16) at a female toilet at the first floor of the Seongdong-gu B apartment management office in Seongbuk-gu, Changwon-gu, Changwon-si, Changwon-si, Seoul, in order to take the appearance of the victim C (a family name, leisure, and age 16).

Accordingly, the Defendant infringed on the above toilets, which are public use places used by many unspecified persons, for the purpose of meeting sexual desire.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) and in the place mentioned in paragraph (1) of the said Article, taken a dynamic image image showing that the said victim is melting the front side of the Defendant by closely keeping his Samsung Samsung Galle, which has a function as a camera due to the gap between the partitions and the ceiling.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning C (tentative name);

1. On-site photographs, records of seizure, and list of seizure;

1. Application of Acts and subordinate statutes on investigation reporting;

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 (a point of intrusion into places for public use for sexual purposes), and the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

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

1. The crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as "Kameras"), which is a sex offense subject to the obligation to register and submit personal information under Article 334 (1) of the Criminal Procedure Act.

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