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(영문) 부산지방법원 2019.06.24 2019고단1124
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around November 15, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (entry in public places for sexual purpose) into public toilets on the second floor of the building in Busan Dongdong-gu, Busan, in order to take visual images using his/her cell phone on the surface of the public toilets on the second floor of the building in Busan, the second floor of the building.

Accordingly, the defendant invadeds on public toilets used by many unspecified persons for the purpose of meeting his sexual desire.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amera, etc.) has intruded into public toilets at the same time and place as mentioned in the preceding paragraph, and has concealed the victim C (the 30-year age) in male toilets among male and female toilets attached thereto. On the same day, at around 16:45 of the same day, the victim C (the 30-year age) taken the victim’s cell phone (the showaMi A1) with the partitions of female toilets, thereby raising the victim’s cell phone (the ssawaMi A1) above.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using the camera or other similar devices.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements prepared in D;

1. Photographs photographs of the site of the case;

1. A report on the analysis of digital evidence;

1. Investigative report (in cases of lugal lugal lugs, a photograph of dynamic images stored in the S5 cellular phone);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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, Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018); and selection of each fine;

2. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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